
(lass tax &\7 

Book Jt\l^ 



OFFICIAL DONATION. 



TUTUILA 



/4 ■ 



TREATIES. CONVENTIONS. AND STATE PAPERS 



RELATING TO 



THE ACQUISITION OF THE 
SAMOAN ISLANDS. 









FOR THE USE OF THE COMMITTEE ON PACIFIC ISLANDS AND 
PORTO RICO, UNITED STATES SENATE. 



WASHINGTON: 

GOVERNMENT PRINTING. OFFICE. ' / \\ 

1903. 



y 



^ 



iA 



.K 



IS 



4 



TREATY 



THE UNITED STATES OF AMERICA AND THE GOVERNMENT OP 
THE SAMOAN ISLANDS. 



FRIENDSHIP AND COMMERCE. 



Concluded January 17, 1878. 

Ratification advised by Senate, with amendments, January 30, 1878. 

Ratified by President February 8, 1878. 

Ratified by the Samoan Envoy February 11, 1878. 

Ratifications exchanged at Washington February 11, 1878. 

Proclaimed February 13, 1878. 



BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. 
A PROCLAMATION. 

Whereas a Treaty of friendship and commerce between the United 
States and the Government of the Samoan Islands was concluded and 
signed by their respective Plenipotentiaries at the city of Washington 
on the seventeenth day of January, in the year of our Lord one thou- 
sand eight hundred and seventy-eight ; which Treaty, after having been 
amended and ratified by the contracting parties, is word for word as 
follows: . 

The Government of the United States of America and the Govern- 
ment of the Samoan Islands, being desirous of concluding a treaty of 
friendship and commerce, the President of the United States has for 
this purpose conferred full powers upon William M. Evarts, Secretary 
of State; and the Government of the Samoan Islands has conferred 
like powers upon MK. Le Mamea, its Envoy Extraordinary to the 
United States. And the said Plenipotentiaries having exchanged their 
full powers, which were found to be in due form, have agreed upon the 
following articles : 

Article I. 

There shall be perpetual peace and friendship between the Govern- 
ment of the United States and the Government of the Samoan Islands. 



Article II. 

Naval vessels of the United States shall have the privilege of enter- 
ing and using the port of Pagopago, and establishing therein and on 
the shores thereof a station for coal and other naval supplies for their 
naval and commercial marine, and the Samoan Government will here- 
after neither exercise nor authorize any jurisdiction within said port 
adverse to such rights of the United States or restrictive thereof. The 
same vessels shall also have the privilege of entering other ports of 
the Samoan Islands. The citizens of the United States shall likewise 
liave free liberty to enter the same ports with their ships and cargoes 
of whatsoever kind, and to sell the same to any of the inhabitants of 
those Islands, whether natives or foreigners, or to barter them for the 
products of the Islands. All such traffic in whatever articles of trade 
or barter shall be free, except that the trade in fire-arms and munitions 
of war in the Islands shall be subject to regulations by that Govern- 
ment. 

Article III. 

No import or export duty shall be charged on the cargoes of the ves- 
sels of the United States entering or clearing from the ports of the 
Samoan Islands, and no other than a tonnage duty of one half of one per 
cent, per ton actual measurement shall be charged on the entrance of 
such vessels. 

Article IV. 

All disputes between citizens of the United States in the Samoan 
Islands, whether relating to civil matters or to offences or crimes, shall 
be heard and determined by the Consul of the United States at Apia, 
Samoa, under such regulations and limitations as the United States may 
provide; and all disputes between citizens of the United States and the 
people of those Islands shall be heard by that Consul in conjunction 
with such officer of the Samoan Government as may be designated for 
that purpose. Crimes and offences in cases where citizens of the United 
States may be convicted shall be punished according to the laws of 
their country; and in cases where the people of the Samoan Islands 
may be convicted, they shall be punished pursuant to Samoan laws and 
by the authority of that country. 

Article V. 

If, unhappily, any differences should have arisen, or shall hereafter 
arise, between the Samoan Government and an}^ other Government in 
amity with the United States, the Government of the latter will employ 
its good offices for the purpose of adjusting those differences upon a 
satisfactory and solid foundation. 

Article VI. 

The Government of Samoa agrees to allow to the Government and 
citizens of the United States free and equal participation in any privi- 
leges that may have been or may hereafter be granted to the Govern- 
ment, citizens, or subjects of any other nation. 



Article VII. 

The present treaty shall remain in force for ten years from its date. 
If neither party shall have given to the other six months previous notice 
of its intention then to terminate the same, it shall further remain in 
force until the end of twelve months after either party shall have given 
notice to the other of such intention. 

Article VIII. 

The present treaty shall he ratified and the ratifications exchanged 
as soon as possible. 

In faith whereof the Plenipotentiaries have signed and sealed this 
treaty at Washington, the seventeenth day of January, one thousand 
eight hundred and seventy eight. 

WILLIAM MAXWELL EVARTS. [seal.] 
MK. LE MAMEA. [seal.] 

And whereas the said Treaty, as amended, has been duly ratified on 
both parts, and the respective ratifications of the same were exchanged 
in the city of Washington on the eleventh day of Febnmjy, one thou- 
sand eight hundred and seventy eight: 

Now, therefore, be it known, that I, Rutherford B. Hayes, President 
of the United States of America, have caused the said Treaty to be 
made public, to the end that the same, and every clause and article 
thereof, may be observed and fulfilled with good faith by the United 
States and the citizens thereof. 

In witness whereof I have hereunto set my hand, and caused the seal 
of the United States to be affixed. 

Done at the city of Washington this thirteenth dsij of February, in 
the year of our Lord one thousand eight hundred and seventy-eight, 
and of the Independence of the United States the one hundred and 
second. 

[seal.] R. B. HAYES. 

By the President: 

Wm. M. Evarts, 

Secretary of State. 



NEUTRALITY AND AUTONOMOUS GOVERNMENT OF SAMOAN ISLANDS. 



genp:ral act 

BY AND BETWEEN 

THE UNITED STATES OF AMERICA, THE EMPIRE OF GERMANY, AND THE UNITED 
KINGDOM OF GREAT BRITAIN AND 1REUAND. 

PROVIDING FOR 

THE NEUTRALITY AND AUTONOMOUS GOVERNMENT OF THE 

SAMOAN ISLANDS. 



Concluded at Berlin June 14, 1889. 
Ratification advised by the Senate February 4, 1890. 
Ratified by the President February 21, 1890. 
Ratifications exchanged at Berlin April 12, 1890. 
Assented to by Samoa April 19, 1890. 
Proclaimed May 21, 1890. 



By the President of the United States of America. 

a proclamation. 

Whereas a General Act, providing for the neutralit}^ and autonomous 
government of the Samoan Islands, was concluded and signed at the 
City of Berlin, on the fourteenth day of June, eighteen hundred and 
eighty-nine, by the Plenipotentiaries of the United States of America, 
of the Empire of German} T and of the United Kingdom of Great Britain 
and Ireland, the original. of which General Act, being in the English 
language, is word for word as follows: 



The President of the United States of America, His Majesty the Fm- 
)eror of Germany, King of Prussia, Her Majesty the Queen of the 
T nited Kingdom of Great Britain and Ireland, Empress of India, 



% 



Wishing to provide for the security of the life, property and trade 
of the citizens and subjects of their respective Governments residing 
in, or having commercial relations with the Islands of Samoa; and 
desirous at the same time to avoid all occasions of dissension between 
their respective Governments and the Government and people of Samoa, 
while promoting as far as possible the peaceful and orderly civilization 
of the people of these Islands have resolved, in accordance with the 
invitation of the Imperial Government of Germany, to resume in Ber- 



lin the Conference of Their Plenipotentiaries which was begun in 
Washington on June 25, 1887; and have named for Their present 
Plenipotentiaries the following: 

The President of the United States of America: 
Mr. John A. Kasson, 
Mr. William Walter Phelps, 
Mr. George H. Bates; 
His Majesty the Emperor of Germany, King of Prussia; 

Count Bismarck, Minister of State, Secretary of State for 

Foreign Affairs, 
Baron von Holstein, Actual Privy Councillor of Legation, 
Dr. Krauel, Privy Councillor of Legation; 
Her Majesty the Queen of the United Kingdom of Great Britain 
and Ireland, Empress of India: 

Sir Edward Baldwin Malet, Her Majesty's Ambassador to the 

Emperor of Germany, King of Prussia, 
Charles Stewart Scott, Esquire, Her Majesty's Envoy Ex- 
traordinary and Minister Plenipotentiary to the Swiss Con- 
federation, 
Joseph Archer Crowe, Esquire, Her Majesty's Commercial 
Attache for Europe, 
who, furnished with full powers which have been found in good and 
due form, have successively considered and adopted: 

First; A Declaration respecting the independence and neutrality of 
the Islands of Samoa, and assuring to their respective citizens and 
subjects equality of rights in said Islands, and providing for the 
immediate restoration of peace and order therein. 

Second; A Declaration respecting the modification of existing 
treaties, and the assent of the Samoan Government to this Act. 

Third; A Declaration respecting the establishment of a Supreme 
Court of Justice for Samoa, and defining its jurisdiction. 

Fourth; A Declaration respecting titles to land in Samoa, restraining 
the disposition thereof by natives, and providing for the investigation 
of claims thereto and for the registration of valid titles. 

Fifth; A Declaration respecting the municipal district of Apia, pro- 
viding a local administration therefor and defining the jurisdiction of 
the municipal magistrate. 

Sixth; A Declaration respecting taxation and revenue in Samoa. 
Seventh; A Declaration respecting arms and ammunition, and intox- 
icating liquors, restraining their sale and use. 
Eighth; General Dispositions. 

Article I. 

A Declaration respecting the independence and neutrality of the Islands 
of Samoa, and assuring to the respective citizens and subjects of the 
Signatory Powers equality of rights in said Islands; and providing 
for the immediate restoration of peace and order therein. 

It is declared that the Islands of Samoa* are neutral territory in 
which the citizens and subjects of the Three Signatory Powers have 
equal rights of residence, trade and personal protection. Tne Three 
Powers recognize the independence of the Samoan Government and 
the free right of the natives to elect their Chief or King and choose 



their form of Government according to their own laws and customs. 
Neither of the Powers shall exercise any separate control over the 
Islands or the Government thereof. 

It is further declared, with a view to the prompt restoration of 
peace and good order in the said Islands, and in view of the dimcul- 
ties,which would surround an election in the present disordered condi- 
tion of their Government, that Malietoa Laupepa, who was formerly 
made and appointed King on the 12th day of July, 1881, and was so 
recognized by the Three Powers, shall again be so recognized here- 
after in the exercise of such authority, unless the Three Powers shall 
by common accord otherwise declare; and his successor shall be duly 
elected according to the laws and customs of Samoa. 

Article II. 

A Declaration respecting the modification of existing treaties, and the 
assent of the Sa?noan Government to this Act. 

Considering that the following provisions of this General Act can 
not be fully effective without a -modification of certain provisions of 
the treaties heretofore existing between the Three Powers, respec- 
tively, and the Government of Samoa, it is mutually declared that in 
every case where the provisions of this Act shall be inconsistent with 
any provision of such treaty or treaties, the provisions of this Act 
shall prevail. 

Considering further, that the consent of the Samoan Government 
is requisite to the validity of the stipulations hereinafter contained, 
the Three Powers mutually agree to request the assent of the Samoan 
Government to the same, which, when given, shall be certified in 
writing to each of the Three Governments through the medium of 
their respective Consuls in Samoa. 

Article III. 

A Declaration respecting the establishment of a Supreme Court of 
Justice for Samoa and defining its jurisdiction. 

Section 1. A Supreme Court shall be established in Samoa to con- 
sist of one Judge, who shall be styled Chief Justice of Samoa, and 
who shall appoint a Clerk and a Marshal of the Court; and record 
shall be kept of all orders and decisions made by the Court, or by the 
Chief Justice in the discharge of any duties imposed on him under this 
Act. The Clerk and Marshal shall be allowed reasonable fees to be 
regulated bj- order of the Court. 

Section 2. With a view to secure judicial independence and the 
equal consideration of the rights of all parties, irrespective of nation- 
ality, it is agreed that the Chief Justice shall be named by the Three 
Signatory Powers in common accord; or, failing their agreement, he 
may be named by the King of Sweden and Norwa}^. He shall be 
learned in law and equity, of mature years, and of good repute for 
his sense of honour, impartiality and justice. 

His decision upon questions within his jurisdiction shall be final. 
He shall be appointed by the Samoan Government upon the cer- 
tificate of bis nomination as herein provided. He shall receive an 



9 

annual salary of six thousand dollars ($6,000.00) in gold, or its equiv- 
alent, to be paid the first year in equal proportions by the Three 
Treaty Powers, and afterward out of the revenues of Samoa appor- 
tioned to the use of the Samoan Government, upon which his com- 
pensation shall be the first charge. Any deficiency therein shall be 
made good by the Three Powers in equal shares. 

The powers of the Chief Justice, in case of a vacancy of that office 
from any cause, shall be exercised by the President of the Municipal 
Council, until a successor shall be duly appointed and qualified. 

Section 3. In case either of the four Governments shall at any time 
have cause of complaint against the Chief Justice for any misconduct 
in office, such complaint shall be presented to the authority which 
nominated him, and, if in the judgment of such authority there is suf- 
ficient cause for his removal, he shall be removed. If the majority of 
the Three Treaty Powers so request, he shall be removed. In either 
case of removal, or in case the office shall become otherwise vacant, his 
successor shall be appointed as hereinbefore provided. 

Section £. The Supreme Court shall have jurisdiction of all ques- 
tions arising under the provisions of this General Act; and the decision 
or order of the Court thereon shall be conclusive upon all residents of 
Samoa. The court shall also have appellate jurisdiction over all 
Municipal Magistrates and officers. 

Section 5. The Chief Justice is authorized at his own discretion, 
and required upon written request of either party litigant, to appoint 
assessors, one of the nationality of each litigant, to assist the Court, 
but without voice in the decision. 

Section 6. In case any question shall hereafter arise in Samoa re- 
specting the rightful election or appointment of King or of any other 
Chief claiming authorit} 7 over the Islands; or respecting the validity 
of the powers which the King or any Chief may claim in the exercise 
of his office, such question shall not lead to war but shall be presented 
for decision to the Chief Justice of Samoa, who shall decide it in 
writing, conformably to the provisions of this Act and to the laws 
and customs of Samoa not in conflict therewith; and the Signatory 
Governments will accept and abide by such decision. 

Section 7. In case am 7 difference shall arise between either of the 
Treaty Powers and Samoa which they shall fail to adjust by mutual 
accord, such difference shall not be held cause for war, but shall be 
referred for adjustment on the principles of justice and equity to 
the Chief Justice of Samoa, who shall make his decision thereon in 
writing. 

Section 8. The Chief Justice may recommend to the Govern- 
ment of Samoa the passage of any law which he shall consider just 
and expedient for the prevention and punishment of crime and for 
the promotion of good order in Samoa outside the Municipal District 
and for the collection of taxes without the District. 

Section 9. Upon the organization of the Supreme Court there shall 
be transferred to its exclusive jurisdiction 

1. All civil suits concerning real property situated in Samoa and 
all rights affecting the same. 

2. All civil suits of any kind between natives and foreigners or 
between foreigners of different nationalities. 

3. All crimes and offences committed b} 7 natives against foreign- 
ers or committed by such foreigners as are not subject to any con- 



10 

sular jurisdiction; subject however to the provisions of section 4 
Article V denning- the jurisdiction of the Municipal Magistrate of the 
District of Apia. 

Section 10. The practice and procedure of Common Law. Equity 
and Admiralty, as administered in the courts of England, may be — 
so far as applicable — the practice and procedure of this Court; but 
the Court may modify such practice and procedure from time to time 
as shall be required by local circumstances. The Court shall have 
authority to impose, according to the crime, the punishment estab- 
lished therefor by the laws of the United States, of England, or of 
Germany, as the Chief Justice shall decide most appropriate; or, 
in the case of Native Samoans and other Natives of the South Sea 
Islands, according to the laws and customs of Samoa. 

Section 11. Nothing in this article shall be so construed as to affect 
existing consular jurisdiction over all questions arising between 
masters and seamen of their respective national vessels; nor shall 
the Court take any ex post facto or retroactive jurisdiction over 
crimes or offences committed prior to the organization of the Court. 

Article IV. 

A Declaration respecting titles to land in Samoa and restraining the 
disposition thereof by natives; and providing for the investigation 
of claims thereto, and for the registration of valid titles. 

Section 1. In order that the native Samoans may keep their lands 
for cultivation by themselves and by their children after them, it is 
declared that all future alienation of lands in the Islands of Samoa 
to the citizens or subjects of any foreign country, whether by sale, 
mortgage or otherwise shall be prohibited, subject to the following 
exceptions: 

(a) Town lots and lands within the limits of the Municipal District 
as defined in this Act may be sold or leased by the owner for a just 
consideration when approved in writing by the Chief Justice of Samoa; 

(h) Agricultural lands in the Islands may be leased for a just con- 
sideration and with carefully defined boundaries for a term not exceed- 
ing forty (40) } r ears when such lease is approved in writing by the 
Chief Executive Authority of Samoa and by the Chief Justice. 

But care shall be taken that the agricultural lands and natural fruit 
lands of Samoans shall not be unduly diminished. 

Section 2. In order to adjust and settle all claims by aliens of titles 
to land or any interest therein in the Islands of Samoa, it is declared 
that a Commission shall be appointed to consist of three (3) impartial 
and competent persons, one to be named by each of the Three Treaty 
Powers; to be assisted by an officer to be styled " Natives' Advocate," 
who shall be appointed b}^ the Chief-Executive of Samoa with the 
approval of the Chief Justice of Samoa. 

Each Commissioner shall receive during his necessary term of serv- 
ice, a compensation at the rate of three hundred dollars per month and 
his reasonable fare to and from Samoa. The reasonable and necessary 
expenses of the Commission for taking evidence and making surveys 
(such expenses to be approved by the Chief Justice) shall also be paid, 
one third b} T each of the Treaty Powers. 



11 

The compensation of the Natives' Advocate shall be fixed and paid 
hy the Samoan Government. 

Each Commissioner shall be governed by the provisions of this 
Act; and shall make and subscribe an oath before the Chief Justice 
that he will faithfully and impartially perform his duty as such 
Commissioner. 

Section 3. It shall be the dut} T of this Commission, immediately 
upon their organization, to give public notice that all claims on the 
part of any foreigner to any title or interest in lands in Samoa must 
be presented to them, with due description of such claim and all 
written evidence thereof, within four months from such notice for 
the purpose of examination and registration; and that all claims not 
so presented will be held invalid and forever barred; but the Chief 
Justice ma} T allow a reasonable extension of time for the production 
of such evidence when satisfied that the claimant has after due dili- 
gence been unable to produce the same within the period aforesaid. 
This notice shall be published in Samoa in the German, English and 
Samoan Languages as directed by the Commission. 

The labours of the Commission shall be closed in two years, and 
sooner if practicable. 

Section 4. It shall be the duty of the Commission to investigate all 
claims of foreigners to land in Samoa, whether acquired from natives 
or from aliens, and to report to the Court in every case the character 
and description of the claim, the consideration paid, the kind of title 
alleged to be conve} T ed, and all the circumstances affecting its validity. 

They shall especially report 

(a) Whether the sale or disposition was made by the rightful owner 
or native entitled to make it. 

(h) Whether it was for a sufficient consideration. 

(c) The identification of the property affected by such sale or dispo- 
sition. 

Section 5. The Commission whenever the case requires it shall 
endeavour to effect a just and equitable compromise between litigants. 
They shall also report to the Court whether the alleged title should 
be recognized and registered or rejected, in whole or in part, as the 
case may require. 

Section 6. All disputed claims to land in Samoa shall be reported 
b} 7 the Commission to the Court, together with all the evidence affect- 
ing their validity; and the Court shall make final decision thereon in 
writing, which shall be entered on its record. 

Undisputed claims and such as shall be decided valid by the unani- 
mous voice of the Commission shall be confirmed b} T the Court in 
proper form in writing, and be entered of record. 

Section 7. The Court shall make provision for a complete registry 
of all valid titles to land in the Islands of Samoa which are or may be 
owned by foreigners. 

Section 8. All lands acquired before the 28th day of August 1879 — 
being the date of the Anglo-Samoan Treat}- — shall be held as validly 
acquired, but without prejudice to rights of third parties, if purchased 
from Samoans in good faith, for a valuable consideration, in a regular 
and customary manner. Any dispute as to the fact or regularity of 
such sale shall be examined and determined b} 7 the Commission, subject 
to the revision and confirmation of the Court. 



12 

Section 9. The undisputed possession and continuous cultivation of 
lands by aliens for ten years or more, shall constitute a valid title by 
prescription to the lands so cultivated, and an order for the registra- 
tion of the title thereto may be made. 

Section 10. In cases where land acquired in good faith has been 
improved or cultivated upon a title which is found to be defective, the 
title may be confirmed in whole or in part upon the payment by the 
occupant to the person or persons entitled thereto of an additional 
sum to be ascertained b} 7 the Commission and approved by the Court 
as equitable and just. 

Section 11. All claims to land, or to any interest therein, shall be 
rejected and held invalid in the following cases: 

(a) Claims based upon mere promises to sell, or options to buy. 

(b) Where the deed, mortgage or other conveyance contained at the 
time it was signed no description of the land conveyed sufficiently 
accurate to enable the Commission to define the boundaries thereof. 

(c) Where no consideration is expressed in the conveyance, or if 
expressed has not been paid in full to the grantor, or if the considera- 
tion at the time of the conveyance was manifestly inadequate and 
unreasonable. 

(d) Where the conveyance whether sale, mortgage or lease was 
made upon the consideration of a sale of fire arms or munitions of war, 
or upon the consideration of intoxicating liquors, contraiy to the 
Samoan law of October 25, 1880, or contrary to the Municipal Regu- 
lations of January 1, 1880. 

Section 12. The Land Commission may at its discretion through 
the Local Government of the District in which the disputed land is 
situated appoint a native Commission to determine the native grantor's 
right of ownership and sale; and the result of that investigation, 
together with all other facts pertinent to the question of validity of 
title, shall be laid before the Commission to be by them reported to 
the Court. 

Article V. 

A Declaration respecting the Municival District of Apia, providing 
a local administration therefor, and defining the jurisdiction of the 
Municipal Magistrate. 

Section 1. The Municipal District of Apia is defined as follows: 
Beginning at Vailoa, the boundary passes thence westward along the 
coast to the mouth of the River Fuluasa; thence following the course 
of the river upwards to the point at which the Alaf uala road crosses 
said river; thence following the line of said road to the point where 
it reaches the River Vaisinago; and thence in a straight line to the 
point of beginning at Vailoa — embracing also the waters of the Har- 
bour of Apia. 

Seciidn 2. Within the aforesaid District shall be established a 
Municipal Council, consisting of six members and a President of the 
Council, who shall also have a vote. 

Each member of the Council shall be a resident of the said District 
and owner of real estate or conductor of a profession or business in 
said District which is subject to a rate or tax not less in amount than 
$5 per aim. 

For the purpose of the election of members of the Council, the said 
District shall be divided into two, or three, electoral districts from 



13 

each of which an equal number of Councillors shall be elected by the 
taxpayers thereof qualified as aforesaid, and the members elected 
from each electoral district shall have resided therein for at least six 
months prior to their election. 

It shall be the duty of the Consular Representatives of the Three 
Treaty Powers to make the said division into electoral districts as soon 
as practicable after the signing of this act. In case they fail to agree 
thereon, the Chief Justice shall define the electoral districts. Subse- 
quent changes in the number of Councillors or the number and location 
of electoral districts may be provided for b} T municipal ordinance. 

The councillors shall hold, their appointment for a term of two years 
and until their successors shall be elected and qualified. 

In the absence of the President the Council may elect a Chairman 
" pro tempore." 

Consular Officers shall not be eligible as Councillors, nor shall 
Councillors exercise any Consular functions during their term of 
office. 

Section 3. The Municipal Council shall have jurisdiction over the 
Municipal District of Apia so far as necessary to enforce therein the 
provisions of this Act which are applicable to said District, including 
the appointment of a Municipal Magistrate and of the necessary sub- 
ordinate officers of justice and of administration therein ; and to provide 
for the security in said District of person and property, for the assess- 
ment and collection of the revenues therein as herein authorized; and 
to provide proper fines and penalties for the violation of the laws and 
ordinances which shall be in force in said District and not in conflict 
with this Act, including sanitary and police regulations. They shall 
establish pilot charges, port dues, quarantine and other regulations of 
the port of Apia, and may establish a local postal system. They shall 
also fix the salary of the Municipal Magistrate and establish the fees 
and charges allowed to other civil officers of the District, excepting 
Clerk and Marshal of the Supreme Court. 

All ordinances, resolutions and regulations passed by this Council 
before becoming a law shall be referred to the Consular Representa- 
tives of the Three Treaty Powers sitting conjoint^ as a Consular 
Board, who shall either approve and return such regulations or sug- 
gest such, amendments as may be unanimously deemed necessary by 
them. 

Should the Consular Board not b^ unanimous in approving the 
regulations referred to them, or should the amendments unanimously 
suggested by the Consular Board not be accepted by a majority of 
the Municipal Council, then the regulations in question shall be 
referred for modification and final approval to the Chief Justice of 
Samoa. 

Section 4. The Municipal Magistrate shall have exclusive juris- 
diction in the first instance over all persons irrespective of nationality 
in case of infraction of any law, ordinance, or regulation passed by 
the Municipal Council in accordance with the provisions of this Act, 
provided that the penalty does not exceed a fine of two hundred dol- 
lars or imprisonment for a longer term than 180 days. 

In cases where the penalt} 7 imposed by the Municipal Magistrate 
shall exceed a fine of twenty dollars or a term of ten days imprison- 
ment an appeal may be taken to the Supreme Court. 

Section 5. The President of the Municipal Council shall be a man 



14 

of mature years, and of good reputation for honour, justice and impar- 
tiality. He shall be agreed upon by the Three Powers; or, failing- 
such agreement, he shall be selected from the nationality of Sweden, 
The Netherlands, Switzerland, Mexico or Brazil, and nominated by 
the Chief Executive of the nation from which he is selected, and 
appointed by the Samoan Government upon certificate of such nomi- 
nation. 

He may act under the joint instruction of the Three Powers, but 
shall receive no separate instruction from either. He shall be guided 
by the spirit and provisions of this General Act, and shall apply 
himself to the promotion of the peace, good order and civilization 
of Samoa. He may advise the Samoan Government when occasion 
requires, and shall give such advice when requested by the King, but 
always in accordance with the provisions of this Act, and not to the 
prejudice of the rights of either of the Treaty Powers. 

He shall receive an annual compensation of five thousand dollars 
($5,000.00), to be paid the first year in equal shares by the Three 
Treaty Powers, and afterward out of that portion of Samoan revenues 
assigned to the use of the Municipality, upon which his salary shall 
be the first charge. 

He shall be the Receiver and Custodian of the revenues accruing 
under the provisions of this Act, and shall render quarterly reports 
of his receipts and disbursement to the King, and to the Municipal 
Council. 

He shall superintend the Harbour and Quarantine regulations, and 
shall, as the Chief Executive officer be in charge of the administra- 
tion of the laws and ordinances applicable to the Municipal District 
of Apia. 

Section 6. The Chief Justice shall, immediately after assuming 
the duties of his office in Samoa, make the proper order or orders 
for the election and inauguration of the local government of the 
Municipal District, under the provisions of this Act. Each Member 
of the Municipal Council, including the President, shall, before enter- 
ing upon his functions, make and subscribe before the Chief Justice 
an oath, or affirmation that he will well and faithfully perform the 
duties of his office. 

Article VI. 

A Declaration respecting Taxation and Revenue in Samoa. 

Section 1. The Port of Apia shall be the port of entry for all 
dutiable goods arriving in the Samoan Islands; and all foreign goods, 
wares and merchandise landed on the Islands shall be there entered 
for examination; but coal and naval stores which either Government 
has by treaty reserved the right to land at any harbour stipulated for 
that purpose are not dutiable when imported as authorized by such 
treaty, and ma}^ be there landed as stipulated without such entiy or 
examination. 

Section 2. To enable the Samoan Government to obtain the neces- 
sary revenue for the maintenance of government and good order in 
the" Islands, the following duties, taxes and charges may be levied 
and collected, without prejudice to the right of the native government 
to levy and collect other taxes in its discretion upon the natives of the 
Islands and their propert}^, and with the consent of the Consuls of the 



15 

Signatory Powers upon all property outside the Municipal District, 
provided such tax shall bear uniformly upon the same class of prop- 
erty, whether owned by natives or foreigners. 

A. — Import Duties. 

Doll. c. 

1. On ale and porter and beer per dozen quarts .50 

2. On spirits, per gallon 2. 50 

3. On wine except sparkling, per gallon 1. 00 

4. On sparkling wines per gallon 1. 50 

5. On tobacco per lb .50 

6. On cigars per lb 1. 00 

7. On sporting arms, each 4. 00 

8. On gunpowder per lb .25 

9. Statistical duty on all merchandise and goods imported, except as afore- 

said, ad valorem 2 p. c. 

B. — Export Duties. 

On copra ~\ C 2£ p. c 

On cotton I ad valorem < 1| p. c. 

On coffee J I 2 p. e. 

C. — Taxes to be annually levied. 

1. Capitation tax on Samoans and other Pacific Islanders not included 

under No. 2, per head 1. 00 

2. Capitation tax on colored plantation laborers, other than Samoans, per 

head . 2. 00 

3. On boats, trading and others (excluding native canoes and native boats 

carrying only the owner's property) each 4. 00 

4. On firearms, each , 2. 00 

5. On dwelling houses (not including the dwelling houses of Samoan natives) 

and on land and houses used for commercial purposes, ad valorem. . . 1 p. c. 

Doll. c. 

6. Special taxes on traders as follows: 

Class I. On stores of which the monthly sales are $2,000 or more, each 

store 100. 00 

Class II. Below $2,000 and not less than $1,000 48. 00 

Class III. Below $1,000 and not less than $500 36. 00 

Class IV. Below $500 and not less than $250 24. 00 

Class V. Below $250 .' 12. 00 

D. — Occasional taxes. 

1. On trading vessels exceeding 100 tons burden, calling at Apia, at each call. 10. 00 

2. Upon deeds of real estate, to be paid before registration thereof can be 

made, and, without payment of which, title shall not be held valid, 

upon the value of the consideration paid £ p. c. 

3. Upon other written transfers of property, upon the selling price 1 p. c. 

Evidence of the payment of the last two taxes may be shown by lawful 
stamps affixed to the title paper, or otherwise by the written receipt of 
the proper tax collector. 

4. Unlicensed butchers in Apia shall pay upon their sales 1 p. c. 

E. — License taxes. 

No person shall engage as proprietor or manager in any of the following professions 
or occupations except after having obtained a License therefor, and for such License 
the following tax shall be paid in advance: 

Doll. 

Tavern keeper 10 per month. 

Attorney, barrister or solicitor 60 per annum. . 

Doctor of medicine or dentistry 30 " " 

Auctioneer or commission agent 40 " " 

Baker 12 " " 

Banks or companies for banking 60 " " 

Barber 6 " " 

Blacksmith 5 " " 



16 

Doll. 

Boat-builder 6 per annum. 

Butcher 12 " 

Cargo-boat or lighter 6 " " 

Carpenter 6 " " 

Photographer or artist 12 " " 

Engineer . 12 " " 

" assistants 6 " " 

' ' apprentices 3 " " 

Hawker 1 " " 

Pilot 24 " 

Printing press 12 " " 

Sailmaker 6 " 

Shipbuilder 6 " 

Shoemaker 6 " " 

Land surveyor 6 " " 

Tailor 6 " 

Waterman 6 " " 

Salesmen, book keepers, clerks, paid not less than $75 a month 3 " " 

Same when paid over $75 a month 6 " " 

White laborers and domestics per head 5 " ' ' 

Factory hands and independent workmen 5 " " 

Section 3. Of the revenues paid into the Treasury the proceeds of 
the Samoan capitation tax, of the license taxes paid by native Samoans, 
and of all other taxes which may be collected without the Municipal 
District, shall be for the use and paid out upon the order of the Samoan 
Government. The proceeds of the other taxes, which are collected in 
the Municipal District exclusively, shall be ( held for the use and paid 
out upon the order of the Municipal Council to meet the expenses of 
the Municipal Administration as provided by this Act. 

Section 4. It is understood that "Dollars 1 ' and "Cents," terms of 
money used in this Act, describe the standard money of the United 
States of America, or its equivalent in other currencies. 

Akticle VII. 

A declaration respecting arms and ammunition, and intoxicating 

liquors, restraining their sale and use. 

Section 1. Anns and ammunition. The importation into the 
Islands of Samoa of arms and ammunition by the natives of Samoa, 
or by the citizens or subjects of any foreign country, shall be pro- 
hibited except in the following cases: 

(a) Guns and ammunition for sporting purposes, for which written 
license shall have been previously obtained from the President of 
the Municipal Council. 

(h) Small arms and ammunition carried by travelers as personal 
appanage. 

The sale of arms and ammunition b}^ any foreigner to any native 
Samoan subject or other Pacific Islander resident in Samoa is also 
prohibited. 

Any arms or ammunition imported or sold in violation of these 
provisions shall be forfeited to the Government of Samoa. The 
Samoan Government retains the right to import suitable arms and. 
ammunition to protect itself and maintain order; but all such arms 
and ammunition shall be entered at the Customs (without payment 
of duty) and reported by the President of the Municipal Council to 
the Consuls of the Three Treaty Powers. 



1? 

The Three Governments reserve to themselves the future consider- 
ation of the further restrictions which it may be necessary to impose 
upon the importation and use of fire-arms in Samoa. 

Section 2. Intoxicating Liquors. No spirituous, vinous or fer- 
mented liquors, or intoxicating" drinks whatever, shall be sold, given 
or offered to any native Samoan, or South Sea Islander resident in 
Samoa, to be taken as a beverage. 

Adequate penalties, including imprisonment, for the violation of 
the provisions of this Article shall be established by the Municipal 
'Council for application within its jurisdiction; and by the Samoan 
Government for all the Islands. 

Article VIII. 

General dispositions. 

Section 1. The provisions of this Act shall continue in force until 
changed by consent of the Three Powers. Upon the request of 
either Power after three years from the signature hereof, the Powers 
shall consider by common accord what ameliorations, if any, may be 
introduced into the provisions of this General Act. In the meantime 
any special amendment ma} 7 be adopted hj the consent of the Three 
Powers with the adherence of Samoa. 

Section 2. The present General Act shall be ratified without un- 
necessary delay, and within the term of ten months from the date of 
its signature. 

In the meantime the Signatory Powers respectively engage them- 
selves to adopt no measure which may be contrary to the dispositions 
of the said Act. 

Each Power further engages itself to give effect in the meantime 
to all provisions of this Act which may be within its authority prior 
to the final ratification. 

Ratifications shall be exchanged by the usual diplomatic channels of 
communication. 

The assent of Samoa to this General Act shall be attested by a 
certificate thereof signed by the King and executed in triplicate, of 
which one cop} r shall be delivered to the Consul of each of the Signa- 
tory Powers at Apia for immediate transmission to his Government. 
Done in triplicate at Berlin this fourteenth day of June, one thou- 
sand eight hundred and eighty-nine. 

John A. Kasson. 
Wm. Walter Phelps. 
Geo. H. Bates. 
H. Bismarck. 
Holstein. 
R. Krauel. 
Edward B. Malet. 
Charles S. Scott. 
J. A. Crowe. 

And whereas the said General Act has been duly ratified by the 
Governments of the Signatory Powers and the respective ratifica- 
tions of the same were deposited in the archives of the Imperial 

tut 2 



18 

German Government, at the City of Berlin, on the 12th day of April, 
one thousand, eight hundred and ninety; 

And whereas the Government of Samoa has assented to the said 
General Act, as is attested by a certificate signed in triplicate at Apia 
on the 19th day of April one thousand eight hundred and ninet} r by 
His Majesty Malietoa, King of Samoa; 

Now, therefore, be it known that I, Benjamin Harrison, President 
of the United States of America, have caused the said General Act to 
be made public, to the end that the same, and every article and clause 
thereof, may be observed and fulfilled with good faith by the United 
States and the citizens thereof. 

In witness whereof, I have hereunto set my hand and caused the 
seal of the United States to be affixed. 

Done at the City of Washington, this 21st day of May, in the 
[seal] year of our Lord one thousand eight hundred and ninety, and 
of the Independence of the United States the one hundred 
and fourteenth. 

Benj. Harrison. 
By the President: 

James G. Blaine, 

Secretary of State. 



19 

[Senate Doc. No. 51, Fifty-sixth Congress, first session.] 

SAMOAN COMMISSION. 



MESSAGE 

FROM THE 

PRESIDENT OF THE UNITED STATES, 

TRANSMITTING, 

IN RESPONSE TO RESOLUTION OF THE SENATE OF DECEMBER 
15, 1899, A REPORT FROM THE SECRETARY OF STATE INCLOS- 
ING REPORT MADE BY HON. BARTLETT TRIPP, THE MEMBER 
OF THE SAMOAN COMMISSION ON BEHALF OF THE UNITED 
STATES OF AMERICA. 



December 20, 1899. — Read, referred to the Committee on Foreign Relations, and 

ordered to be printed. 



To the Senate: 

I transmit herewith a report Jby the Secretary of State, with an 
accompanying paper, in response to the resolution of the Senate of 
December 15, 1899, requesting him, "if not inconsistent with the 
public interests, to send to the Senate the report made by Hon. 
Bartlett Tripp, the member of the Samoan Commission on behalf of 
the United States of America." 

William McKinley, 

Executive Mansion, Washington, December #0, 1899. 



The President: 

In response to the resolution of the Senate of December 15, 1899, 
requesting the Secretary of State, " if not inconsistent with the public 
interests, to send to the Senate the report made by Hon. Bartlett 
Tripp, the member of the Samoan Commission on behalf of the 
United States of America," the undersigned, the Secretary of State, 
has the honor to submit herewith, for transmission to the Senate, a 
copy of the report called for. 

It is not possible at this time to accompany the report with copies 
of its inclosures, which comprise 26 papers, some of which embrace 
50 or more typewritten pages. They are now being copied and will 
be communicated to the Senate without unnecessary delay. a 

Respectfully submitted. 

John Hay. 

Department of State, 

Washington, December 19, 1899. 

^Transmitted to the Senate January 4, 1900, referred to Committee on Printing; 
no order to print. 



20 

Hon. John Hay, 

Secretary of State, Washington, D. O. 

Sik: In addition to the joint report of the commission made to the 
three powers, I have deemed it my duty, under your instructions, to 
state more elaborately and somewhat more in detail the reasons which 
have actuated and controlled our action in the determination of the 
various matters submitted to our consideration. 

We were charged with two important and independent duties : First, 
to restore tranquillity and order and undertake a provisional govern- 
ment of the islands; second, to consider the provisions which might 
be necessary for the future government of the islands or for the mod- 
ification of the final act of Berlin, and report our conclusions to the 
three Governments. 

In my dispatches already sent you, as well as in the joint report of 
the commission, the steps taken which happily resulted in the restora- 
tion of tranquillity and order have been detailed somewhat at length, 
and I shall content myself in the final report with referring only in a 
general way to the work of disarmament, and the consequent restora- 
tion of peace, shall somewhat in detail speak of the causes that led to 
the unfortunate condition of affairs existing on our arrival, and give 
some of the reasons for the proposed changes in the final act of Berlin 
which it is hoped may tend to prevent the recurrence of such condition 
of affairs in the future. 

We arrived in Apia on the 13th of May, 1899, making the seventh 
of the fleet of war vessels of the three great powers then anchored in 
that quiet little harber, three English, three American, and one Ger- 
man — the Tauranga, the Porpoise, the Torch, the Philadelphia, the 
Brutus, the Falke, and the Badger, but not the sail or smoke of a sin- 
gle vessel of commerce was to be seen there or about the coasts of 
these beautiful islands. On land, patrolling the streets and at every 
crossing, were soldiers, white and native, demanding the password of 
resident and stranger. A thousand natives in native uniform, but 
armed with British rifles and commanded by British officers, paraded 
past us in response to the salutes from the vessels of war, while as 
many more natives, armed with every species of warlike implement, in 
command of native officers-, came from their camps to witness our 
arrival. 

At a distance from the town of perhaps 3 miles, and encircling it on 
all sides, were the native troops of Mataafa, estimated at about 3,000 
men, armed with rifles, head knives, spears, and such weapons of war 
as the natives could command, resting upon their arms behind their 
lines of improvised fortifications under the terms of the armistice 
which had been proclaimed by the vessels of war pending the arrival 
of the commission. But a few days prior the English and American 
ships had shelled the town, and the people had left the rear and 
exposed portions and were huddled in the houses along the beach, out 
of the way of and protected by the guns of the ships which had been 
directed against the forts and lines of Mataafa surrounding the place. 
Excitement and alarm prevailed everywhere, and this condition of 
nervous excitement had reached its height when the commission 
arrived. The commission was met by no warm greeting from natives, 
whites, or the officers of the men-of-war. The guns thundered their 
salutes with cold formality, but there followed a frigidity of greeting 



21 

which too plainly betrayed a want of confidence in the purpose or suc- 
cess of the mission on which we had come. 

The commanders of the war vessels believed that but for the 
enforced armistice, under orders from the great powers, the troops 
of Malietoa Tanu, under British officers and assisted by British and 
American marines, would have easily conquered the forces of Mataafa, 
ended the contest, and established Tanu firmly upon his throne. The 
white people, whose homes had been pillaged and who had sought 
refuge in Apia under the guns of the men-of-war, despondingly 
awaited events which might again bring peace, and the inhabitants of 
the unhappy town, whose houses had been unluckily struck by the 
shells of a friendly fleet and who sought shelter upon the shore, were 
about equally divided in their words of censure for the hostile forces 
of the natives and the vessels of their own fleet. They, too, awaited 
our arrival with no assured confidence of immediate relief or of 
permanent peace. 

The commission were looked upon as strangers without experience, 
unacquainted with native manners and customs, and lacking in that 
ability and education which could restore tranquillity and order or 
provide for their maintenance in the future. Outside of the noisy 
salutes fired by the men-of-war the reception of the commission on its 
arrival in Apia was without demonstration, icy and cold. They had 
not come, however, for pleasure nor as guests, but to learn and to act, 
and they set themselves immediately to their task. As I have already 
informed you, they opened rooms on shore, where for many da}^s they 
consulted with officers of the Nav}^, officials of the powers, private 
citizens, business men, missionaries, and everyone who could inform 
them of the situation they had come to meet. From every quarter 
they received discouragement as to any effort at disarming the natives. 
They then summoned the chiefs themselves of the hostile parties and 
finally obtained from them the promise to surrender their arms, which 
was on the 31st of May, 1899, successfully carried out, and up to this 
time we have taken up from the natives and have in our possession 
more than 3,400 native guns, in addition to the British rifles — about 
700 in number — returned to the British men-of-war. This was the 
beginning of peace. 

There is nothing the native Samoan loves more than his gun. There 
is nothing he will not part with in its purchase; no sacrifice he will not 
make for its retention. It occupies the most prominent place in his 
home, and it is his constant companion upon his journeys abroad, and 
when he surrendered it to the commission the white man felt and knew 
that peace was assured, and a feeling of confidence was at once inspired 
which has never abated, and which has aided the commission in bring- 
ing its work to a rapid and successful issue. The naval commanders 
yielded ready obedience to every request, the whites on shore for the 
time forgot their national quarrels and their differences of the past, 
and the natives of both factions vied with each other in anticipation of 
the commission's requests and in the performance of any services 
desired. In the prompt and effective disarmament of the two hostile 
forces lay whatever of success has attended the commission's work. 
It was an effective and nearly a total disarmament of both factions. 
Very few guns remain in the hands of the natives, and these are held 
under such severe penalties that it will perhaps never be known how 
many were not surrendered. 



22 

The commission brought two controlling influences to bear upon the 
natives in effecting this result. Mataaf a had returned as an exile from 
Jaluit under strict promises of obedience to the laws and government 
of Samoa, which, if the decision of the chief justice were upheld, had 
been broken. This was diplomatically placed before him in our oral 
interviews, and while no promise of immunity was made him, he was 
given to understand that the action of the three powers toward hmi 
would be made largely to depend upon his future conduct and attitude 
toward the commission and the government they might establish. 
Mataafa is undoubtedly the most sagacious and influential of all the 
native chiefs. He grasped the situation at once, proclaimed himself 
friendly to peace and desirous of doing everything deemed requisite 
by the commisskm to that end, and has kept his promises, it is believed, 
to the letter. 

Second. We found that all the arms were private property, each 
native being the owner of his own gun, and to assure success in what 
we deemed a vital point the commission promised after the restoration 
of peace to return the guns or pay to the owners a fair compensation 
therefor. This was an argument ad hominem; it was a stronger argu- 
ment even than the interested patriotism of Mataafa, but coupled with 
it became irresistible to the native mind, and almost to a man the 
Mataafa party surrendered its guns, delivering over 1,800 on the 31st 
of May, and in all nearly 2,100 to the commission. It was also agreed 
that the disarmament should be general; that Tanu men as well as 
Mataafa should surrender their arms, and this was generally done. 
These guns, as I have already informed you, were then taken by the 
Badger to San Francisco, to be there held until the three powers shall 
agree upon their disposition. 

The commission requested the English and German vessels remain- 
ing in the harbor of Apia to take them upon our departure, but these 
vessels had no room on board and it was not deemed prudent to store 
these guns on shore, so the only thing left was to bring them with us. 
I inclose herewith copies of receipts given containing description and 
number of guns and a valuation made by officers detailed by the cap- 
tains of English, German, and American men-of-war, which I believe 
places an average value on the entire lot of about $12 each; which is, 
I am inclined to think, a very large valuation, but it was made as a 
mere precaution and not one by which the powers would be by any 
means bound. 

The disarmament was accomplished without any promises made or 
inducements offered as to the future government of Samoa, and before 
the commission had itself arrived at any conclusion or decision as to 
who was king. As soon as the disarmament had been concluded we 
set to work to determine that important question. Fortunately, 
after much discussion, citation of such precedents as were at hand, and 
the application of hgal principles which obtain in the jurisprudence 
of the courts, we unanimously reached the conclusion that under the 
provisions of the Berlin treaty the decision of the chief justice was 
valid and binding. It is true that the decision seems to base the judg- 
ment of the court upon the ineligibility of Mataafa under the proto- 
cols of the Berlin treaty, but the judgment itself, as found in the 
docket of the court, a copy of which is herewith inclosed, bases the 
decision both on the ineligibility of Mataafa and upon the evidence 



23 

presented to and considered by the court. Such a judgment, under the 
express provisions of the treaty, must be held to be valid and binding. 

When the record shows that evidence to sustain the issues was pre- 
sented to the court, and that such issues were so tried and determined 
upon the evidence adduced, the judgment is necessarily conclusive 
though the reasoning of the court by which it reaches such conclusion 
be ever so fallacious. This proposition is so well sustained as elemen- 
tary law that it needs only to be stated to be admitted, and if any doubt 
existed whether the determination of the election of a king is so far a 
judicial one as to come within the elementary principles, the doubt is 
removed by the very terms of the act itself, which provide that "The 
signatory governments will accept and abide by such decision" (sec. 6, 
art. 3). Having reached this conclusion it was unnecessary to attempt 
to jointly review the causes that led to the necessity for such decision. 
By the decision itself Tanu was King, and the correctness or incorrect- 
ness, the propriety or impropriety of the conduct of those who had 
favored or opposed his election became immaterial in accomplishing 
the purposes of our mission, viz, the restoration of peace and proposed 
changes in the existing government of Samoa. 

Our joint action has therefore been confined to these two great 
objects, leaving each individual of the commission at liberty in his 
separate report to make such reference to the conduct of individuals 
and citizens resident in Samoa as he might deem proper. I have not, 
however, under any instructions, deemed it necessary for me to go 
further into the inquiry as to the cause that led to hostilities than to 
consider such facts as were developed in the legitimate determination 
of the questions submitted for our decision. It is undoubtedly true 
that the white people in Apia were in sympathy with one or the other 
of the rival candidates for king. It is also undoubtedly true that the 
German residents generalty were in sympathy with Mataafa and the 
English and American residents with Tanu ; but outside of some idle 
rumors there was no evidence adduced before the commission that any 
citizen of any nationality openly took any part in the proceedings that 
led to open hostilities, or advised measures that led thereto. On the 
contrary both the Germans — Marquardt and Huf nagel — who had been 
arrested and kept in confinement for several weeks prior to our arrival 
for having advised and aided Mataafa in his rebellion against the gov- 
ernment, were upon a hearing by the commission immediately dis- 
charged, there being no competent evidence against them. 

Prior to the decision of the chief justice it is difficult to see why the 
citizens of one nationalty or another might not feel or exhibit a sym- 
pathy with the one or the other of the contending parties. Mataafa, 
though a returned exile and under strict promises to remain at Muli- 
nuu and to maintain obedience to the government, had, before the 
selection of candidates by the chief justice, in a private letter to H. J. 
Moors, been declared eligible for the office of King, and while this 
unofficial letter could in no way affect the subsequent decision, yet it 
being made public did give to Mataafa a plausible color of right to 
become such candidate without apparent breach of the promises he 
had made. I do not, therefore, see how white men or the followers of 
Mataafa are open to censure on account of sympathy or support given 
to him prior to the decision declaring Tanu King. 

It may have been in bad taste for white men to have espoused the 
cause of either candidate for native king, but no rule of law or 



24 

ethics made it wrong. It was undoubtedly a mistake that Mataafa 
was permitted by th<* powers to return to Samoa at the critical time 
when a king was to be selected. It should have been foreseen that 
sympathy for the old man, whose exile had come to be a martyrdom 
in the minds of his relatives and friends, coupled with the magnetic 
powers and abilities of the man himself, could not fail to make him a 
powerful, if not a successful, candidate for the place he had once filled. 
But the powers permitted him to return, the chief justice declared 
him a proper person to be made king, his admirers espoused his elec- 
tion and declared him king, and undoubtedly by our theory of election, 
where majorities control, he was the choice of an overwhelming 
majority of the Samoan people; but in Samoa the select few, and not 
the people, determine the election of chiefs and kings. 

I have given the matter some thought, and have several times heard 
the theory explained by which the selection of king is finally made 
"according to the laws and customs of Samoa" — Faa Samoa — but I 
have only so far grasped the methods employed as to enable me to 
definitely conclude that, according to such laws and customs, it is pos- 
sible to elect two kings at the same time, and that the one declared 
elected may or may not be the choice of the majority of the people 
themselves. Whether, then, Chief Justice Chambers fairly and 
honestly found upon the evidence before him that Tanu was elected 
king in accordance "with the laws and customs of Samoa," as his 
docket says he did, I do not think any lawyer of the great powers 
will ever have the patience or ability to determine, and he will, upon 
a partial investigation of the methods pursued in determining such 
election, feel inclined rather to excuse His Honor for seeking to base 
his decision upon the ineligibility of the opposing candidate than to 
require him to set forth his reasons for a decision based upon the 
facts — Faa Samoa. In my judgment, then, Mataafa and his sup- 
porters are to be blamed, not for what occurred before, but after the 
rendition of the decision. 

The decision declaring Tanu to be King was the law of Samoa, and 
all who refused obedience to it violated not the decision alone, but the 
treaty upon which it was based. I need not particularize. 

The consuls and all officials of Samoa were bound to recognize Tanu 
as King. Until annulled by the great powers no consul or official of 
the great powers was at liberty to deny its binding force. Every act 
done or word of encouragement given by treaty officials toward approval 
of resistance to the decision of the court and their subsequent refusal 
to recognize Tanu as King must be regarded as a breach of treaty rights 
and a discourtesy toward the other allied powers. It is generally 
believed by those best informed in Samoan affairs that had the three 
powers been agreed as to the validity and binding force of the decision, 
and had the three consuls at once so proclaimed to the native people, 
the war might have been avoided and peace, for the time at least, main- 
tained. Whether this be true or not, I am quite convinced that the 
natives were informed that the powers were not agreed and that this 
fact encouraged them to active and prompt resistance. 

It is not improbable, however, that war would have come at last, for, 
according to "Faa Samoa," he only can be King who can maintain the 
title by force of arms. The contest between the forces of Mataafa and 
Tanu in the first instance was a brief one. In less than twenty-four 
hours the entire force of Tanu was made prisoners and disarmed or 



25 

driven to its boats and on board the men-of-war. The victory was 
decisive and almost bloodless. This followed so suddenly and so imme- 
diately the decision that it seemed rather its resultant than a revolu- 
tion against it. Apia and the people yielded to the inevitable, and the 
consuls of the powers subscribed allegiance to the provisional gov- 
ernment, whose creation and existence rests rather in rumor than by 
record and facts. It was, however, a submission to superior force, and 
the Mataafa faction, so far as the natives were concerned, was in con- 
trol. The white officials will never be able to . agree as to what the 
provisional government was or what share, if any, the different 
nations took therein. Whatever trace of it existed at the time the 
British and American forces ceased fire upon the town had disappeared 
when the commissioners themselves arrived. Mataafa and his troops 
were many miles away; Tanu, as King, was holding his court at Muli- 
nuu, and where military law was not supreme the old officials of the 
Government were exercising the functions of their offices. The pro- 
visional government was at an end. If it had any existence in fact 
it lives only in the memory of the past, so that we were by the shells 
of British and American guns relieved from some difficult questions of 
international law that might otherwise have arisen had we found it 
de facto the Government of Samoa. 

1 do not deem it part of my duty to go into the question of the 
origin and termination of this "provisional government" at length. 
It was one of those evanescent, kaleidoscopic transitions of the kind 
of government of which the history of Samoa has furnished many 
unique examples in the past. It must be admitted that under the 
view the commission has taken the provisional government was the 
result of a victorious revolt against the lawful government; its leaders 
were revolutionists, its officers in the eye of the law were rebels, and 
the consuls, who assumed to act for their Governments, in yielding 
obedience thereto were acting without the pale of their authority, and 
until ratified by their Governments their acts were null and void. I 
shall not argue the question whether a majority or all the consuls act- 
ing together could authorize the naval authorities to shell the camps 
of Mataafa and break up the provisional government itself. 

I have always maintained the opinion that whenever the consuls 
under the Berlin treaty were required to act that a unanimity was not 
required except in the cases therein enumerated. "The mention of 
the one is an exclusion of the other," and when the framers of the Ber- 
lin treaty chose to enumerate certain cases in which unanimity of 
action was required, they declared by implication that in all other cases 
a majority of the board was authorized to act. I do not think, how- 
ever, that the admiral and other naval commanders in the harbor at 
Apia were at all subject to the unanimous or majority control of the 
consuls, except in so far as they may have been specifically instructed 
by their Governments. The naval commanders' general instructions 
would have been sufficient to authorize them to fire upon armed rebels 
in revolt against their lawful government. It would seem to me that 
Admiral Kautz and the English commanders, acting under their gen- 
eral instructions, were authorized to put down an armed lebellion 
against the lawful government of the three powers and to sustain by 
force of arms the decision of its courts; and if their private instruc- 
tions put them under control of the consuls as to how and when dis- 
play of force was to be employed, I am still of opinion that sucn instruc- 



26 

tions were not violated by their obeying the orders of a majority of 
them. I expressly disclaim passing upon these questions other than 
in a general way, and I must claim that what is here said shall not be 
regarded as an opinion or report upon these questions made after an 
investigation of the facts. I desire them to be considered merely as 
a report upon questions arising incidental to the matters left to our 
jurisdiction and control. 

After the commission had reached the conclusion that Tanu was 
King it was set about to place the wheels of a provisional government 
in motion. Complaints were frequent and urgent from people of all 
classes, requesting to be relieved from military rule, that sentries be 
removed, and that civil government be again restored. The city gov- 
ernment had lapsed. The councilmen in one of the wards had failed 
to qualify, and in another were illegally elected, and as no quorum of 
the former government could be obtained, the commission itself had 
to appoint registers and call an election to fill such vacancies. They 
then installed Dr. Solf as president of the council, withdrew the sen- 
tries, and placed the town under a city government and civil law. In 
the meantime we had canvassed the question of a provisional and per- 
manent government for the islands. The history of Samoa showed 
that the title of King was of very recent origin and extended no further 
back than to the grandfather of Tanumafili, and that his father was 
really the first to be crowned and anointed King. 

The title of King is said to have originated with the missionaries, 
who conceived the idea to unite the islands under one ruler, and 
thereby to make a stronger and better Government. On the contrary, 
it became weaker, there being no hereditary King. The most power- 
ful chiefs of the most aristocratic families and tribes claimed the right 
of succession and exercised the right of rebellion during every reign. 
No King was able to maintain his authority over all of the districts at 
the same time. Some of the more powerful chiefs were continually 
in rebellion. The father of Tanu was twice deposed, and three Kings 
assumed the title intermediate his reign as King — Malietoa, Talavou, 
Tamasese, and Mataafa — and the process of the King, instead of com- 
manding respect, was mocked at and jeered, and could not be enforced 
in any of the larger districts of the so-called Kingdom of Samoa dur- 
ing his entire reign. This was not on some occasion of revolt, but 
usual and continuous. I am informed b}^ Chief Justice Chambers that 
during his entire stay in Samoa the writs of his court running in the 
name of Malietoa Laupepa, as King, could not be enforced in several 
large districts of Samoa, and this in time of apparent peace. The 
title of King was an empty honor; the real power was in the district 
chief, and the native Government existed there. 

Upon consulting with those best acquainted with Samoan affairs, we 
did not find a man not influenced by selfish interests who was not pro- 
nounced in favor of abolishing the office of King. It was not only an 
empty honor, but a bauble to be contended for by powerful chiefs, a 
sort of Samoan prize not to be retained by the victor, but to be sub- 
mitted to new contests and won afresh upon the- field of honor. Instead 
of an element of strength it was an element of weakness and a cause 
of war and insurrection, and upon consulting with the older and wiser 
chiefs we were surprised to find that they, too, believed it better that 
the office should be abolished, that the districts should govern them- 
selves, and that the white man should make laws for Samoa. We be- 



27 

came unanimous that the office of King should be abolished, so far as 
our recommendation could effect such result, and so informed Tanu, the 
King. He advised with his friends and subsequently informed the 
commission that he was yet a boy at school and desired to complete 
the course of study he had begun, and in oral conversation he further 
explained that, should the great powers agree with the commission to 
abolish the office of King in the formation of a permanent government, 
his temporary holding of the position became a worthless title, and did 
the powers permit the title in the future to be retained, it would be 
one which could not peaceably be held. It came to him not by descent, 
but by a decision which many of the great chiefs declared in violation 
of Samoan law and customs; he could not hope to hold it except by 
war, and his life would be spent, like that of his father, in anxiety upon 
the throne and in the loneliness of exile, and he preferred the heredi- 
tary title of district chief to the unmeaning title of Samoan King. His 
letter of resignation, in which he refers to the resumption of his studies, 
will be found among the inclosures herewith. 

Upon the acceptance of the resignation of Tanu, the executive power 
of the provisional government was placed in the hands of the three 
consuls, with Dr. Solf as adviser, and a proclamation issued to that 
effect. The provisional government being now in force, the time of 
the commission was directed to the question of a permanent govern- 
ment and the changes to be recommended in the final act of Berlin. 
The act itself was the unique work of skillful men, and had it not 
fallen into the hands of strict constructionists, would undoubtedly 
have served well the purpose of its creation. The same forces which 
robbed it of the elasticity of construction and expansion of provision 
still existed in Samoa, and might wreck any form of tripartite govern- 
ment that could be conceived. If such a form of government be pos- 
sible, and I use the word with full understanding of the doubt it 
implies, it can be made endurable and permanent only by being made 
applicable to all classes of people through the same agencies of admin- 
istration. The foreign population to be governed should, as far as 
possible, be made homogeneous, and one set of officials should admin- 
ister the same law in all Samoa. 

The question of nationality must be lost sight of in the administra- 
tion of government, and the government should be made autonomous, 
as its preamble declares, by an administration which treats citizens of 
every nationality alike. To aid in carrying out this principle of gov- 
ernment we have recommended the abolition of that judicial extra- 
territoriality heretofore existing in the consuls. The exercise of this 
right had become a weapon of hostility rather than a shield of defense. 
The consulate had become an asylum from crime rather than a temple 
of justice, and the criminal had come to regard his consul as one who 
would protect and shield him from the courts rather than a judge who 
would punish him for his crimes. Not only had the consulate thus 
become a refuge for criminals, but the courts were continually harassed 
with questions of jurisdiction, which were not always limited to the 
courts of Samoa, for not infrequently they found their way to the 
powers themselves and became unpleasant subjects of international 
complication. 

Scarcely a case arose in the courts that this vexed question did not 
present itself in some form, and the assertion of consular jurisdiction 
took on at times such an air of superior power as to create a counter 



28 

resistance of the court in order to maintain a dignity of demeanor in 
contrast with the humiliation sought to be imposed. These were some 
of the evils of the consular extra-territorial jurisdiction. On the other 
hand, the good effects expected from its exercise did not result. Such 
judicial powers are never exercised by consuls except in those coun- 
tries like Turkey, China, etc., where, by reason of religious prejudice 
or incapacity of native courts foreigners can not with safety to liberty 
and property submit to their jurisdiction. Neither of the reasons 
obtain in Samoa. Nearly all the inhabitants are Christians, as will be 
seen by reports of missionaries herewith inclosed, which show that of 
the 35,000 estimated population of these islands the Protestants claim 
about 27,000 and the Roman Catholics 7,000. The courts, too, having 
foreign jurisdiction are not native but white. The chief justice is 
selected by the powers and has jurisdiction not only in cases where 
foreigners are parties, but in all cases where foreigner and native are 
parties. 

It would seem that no good reason could exist why a court that has 
jurisdiction to try cases between Englishmen and Americans might 
not be qualified to try cases between Americans themselves, nor why 
it should not be authorized to try and punish an American as well as a 
Norwegian or a person of another nationality in a country declared to 
be autonomous and independent, and where all men are supposed to 
be free and equal. It developed also upon inquiry that this consular 
jurisdiction was unpopular with the people themselves. The consuls 
even condemned it, and we found but one man, an attorney who had 
shown some skill in entangling the courts upon this vexed question, 
who attempted to defend such jurisdiction. No reason, therefore, 
seeming to exist for further insistence upon the rule, and its exercise 
having been found to be prolific of the evils sought to be controlled, 
we have recommended the abolition of this extra[terri]torial jurisdic- 
tion heretofore exercised by the consuls, and have conferred such 
jurisdiction upon the chief justice; and have at the same time, to 
relieve his court and to expedite the hearing of petty cases, enlarged 
the jurisdiction of the municipal magistrate so as to allow him to try 
civil cases involving an amount not exceeding $50, and misdemeanors 
where the penalty does not exceed a fine of $200 or one hundred and 
eighty days' imprisonment, with right of limited appeal to the supreme 
court. 

We have also made a few specifications of the powers of the courts 
to issue certain writs, such as mandamus, injunction,' etc., which would 
probably exist without enumeration, and have retained the former pro- 
vision of the Berlin treaty making the decisions of the chief justice 
final, adding, however, a clause which reserves to the powers the right 
to annul all decisions involving executive and administrative rights or 
principles of international law. This clause relieves the powers from 
the annoyance of appeals by litigants, which might be frequent and 
annoying, and at the same time saves to them the right of annulment 
in all cases where the decision is not strictly judicial. We have also 
extended the jurisdiction of the supreme court to felonies committed 
by natives against each other, upon the advice of missionaries and those 
better versed in Samoan laws and usages. It is believed that such 
jurisdiction, though exercised only in extreme cases, will have a bene- 
ficial effect in restraining the commission of crime and advancing the 
condition of morality among the natives themselves. 



29 

Much complaint existed also, among American and English settlers 
especially, that the Berlin act contained no provision for a trial by 
jury, which citizens of those nations regard as one of their dearest 
rights. We found, however, that it would be quite impracticable to 
provide for a jury of twelve men where perhaps not one hundred men 
qualified for jury duty could be found on the entire islands, and we 
therefore have compromised the matter by providing for a jury of 
three to be allowed in the discretion of the court in civil cases and as 
an absolute right in criminal cases. This in lieu of the provision for 
assessors, which we were informed was a dead letter, it never having 
been attempted to be used but once since the organization of the court, 
and which then proved a failure. With these exceptions the powers 
of the supreme court have not been changed. This court has proved 
to be the strongest and best part of the mechanism of the Berlin treaty, 
and we have felt it proper, therefore, to strengthen rather than to 
weaken its powers. 

In place of the king and his advisers we have provided an executive 
officer whom we have designated as an administrator. To the admin- 
istrator, who it is presumed will be an upright and experienced man 
of affairs, we have given real powers of administration. He will be 
the center and focus of the Samoan government, a real executive, and 
in reply to any objection which may be urged that we have established 
a protectorate instead of a Samoan government, we have at the request 
of the natives themselves taken away the prop from the king — the 
white adviser — who was expected and intended to be the actual king 
and given them a real executive in his place — replaced the shadow with 
the object itself. 

It can with no more propriety be urged that an assault has been 
made upon the independence of Samoa by furnishing it with an able 
executive than where the native court was replaced by the supreme 
court, and what has proved such a necessity and bulwark of strength 
in the judicial department it is believed will be developed in the execu- 
tive by the substitution of the administrator for the king and his white 
advisor, and the one strikes no more at the independence of Samoa or 
assumes a greater protectorate power than the other. 

The question becomes one of good government and not a mere dream 
of the sentimentalist, the humanitarian, or the charlatan. If a govern- 
ment is to be maintained in these islands it must be a strong, simple, 
and economical one. It must be so strong as to be respected and 
feared, so simple as to be understood by native and white, and so 
economical as to impose neither too heavy a burden upon the people 
nor the powers that must be responsible for its failure or success. 
Along these lines, without sentiment or imagery of thought, we have 
centered in the administrator and his council such power and simplicity 
of action as will give, in our judgment, to it the strength and elasticity 
which, under the strict construction of the Berlin treaty, robbed the 
government of the powers intended to be conferred. Small powers of 
legislation are given to the council, well guarded in their enumeration 
and in the reservation which gives to the powers entire right to modify 
or annul. In this way the treaty, instead of being a codification of 
law, assumes more the character of a written constitution which both 
grants and limits the powers of the executive, legislative, and judicial 
departments of the government, and provides thereby an elasticity of 



30 

action, with sufficient checks and balances to guard the safety of its 
action without interfering with its strength or economy. 

The white man has provided a white man's government over the 
whites, and so far over the natives as to insure peace and to protect 
the business relations existing between native and white men upon these 
islands. The natives in their intercourse with each other are governed 
by the laws and customs of Samoa as administered by the district chiefs. 
We have preserved all there has ever been of native government, and 
given to the central government simplicity and strength which it is 
believed will insure stability and permanence of character. The 
administrator and chief justice are given such salaries as is believed 
will command respectability, and the office of councilor is left to be 
filled by each nation at such salary as may be deemed adequate and 
just. Provision is also made for their acting in the capacity of collect- 
ors of customs, treasurer, attorney -general, and such other executive 
offices as may be found expedient and proper, it being clearly shown 
that their employment in the role of councilors will not be so onerous 
but that a large share of the executive work of the islands can be per- 
formed by them; and if desired no objection is seen to their acting in 
the additional capacities of consuls or consular agents of the different 
powers, and in this way the salaries now paid for king, collector of 
customs, etc. , would be saved and a fair salary could be afforded by 
the powers to command for these places such ability as their impor- 
tance demands. 

As to the native government, we have given it especial study. We 
visited every island except Manua, the extreme eastern islands of the 
group, which have but few inhabitants and are almost inaccessible 
except during the smoothest sea. We held meetings in every district 
at which nearly every chief and native were present. We discussed 
with them their theories of government. We drank Kava and ate 
with them. We listened to their speeches. We talked with their 
chiefs and explained our own theories of the central and native gov- 
ernments and we found them not only quite unanimous but at the last 
enthusiastic in favor of the central government as contained in the 
amendments proposed. The form of district government is quite their 
own and was agreed upon after our tour of the islands and is a con- 
census of the views of the chiefs and those most familiar with native 
laws and customs. Our aim has been to leave to the native the largest 
freedom and liberty within the districts and to teach him self-govern- 
ment through the native assembly which meets each year at Apia, 
whose teachings will disseminate and make its impressions felt in the 
district governments, until in time the native will be able to take his 
part in the government of the islands with an intelligence equal, if not 
superior, to that of the white man now there ; but at present he is 
unfitted for extended self-government, and no one appreciates this fact 
better than himself. He is anxious to learn. He wants a white man's 
government. 

Thanks to the missionaries, the great bulk of the natives and nearly 
every- chief can read and write and are adopting the habits of civiliza- 
tion with great alacrity. They are entirely satisfied with the form of 
government we have proposed, and, while we have not permitted our 
draft to be published or read until it shall have been presented to our 
Governments, we have taken occasion at these private meetings with 
chiefs, at which no white man or reporter was permitted to be present, 



31 

to explain its principles at length, and on the 14th of July, just before 
our departure, we called the chiefs together at Apia from all the 
islands, about 450 being present, every high chief in fact except 
Mataafa and Tanu, the former being kept away by sickness and the 
latter because it was not deemed proper for him to be present during 
Mataafa's absence. To these chiefs we fully explained the proposed 
government and were surprised to find that the Mataafa chiefs had 
anticipated us by themselves proposing in brief a form of government 
much our own which they had prepared, and which was read by one 
of the Mataafa chiefs and will be found among the inclosures herewith 
submitted. At the close of the meeting, so harmonious were the 
views of all the chiefs, both of the Mataafa and Tanu factions, that it 
was agreed that 13 chiefs from either side should be selected to sign 
the proposed form of government to show to the powers that it met 
with their entire approval. Accordingly the 26 chiefs, 13 of the 
Mataafa and 13 of the Tanu party, came on board the Badger on the 
morning of July 15, 1899, and signed the proposed plan of govern- 
ment, and their original signatures will be found appended to the 
draft of government forming a part of our joint report, which is here- 
with submitted. 

In the form of government presented we have endeavored, as far as 
possible, to preserve the symmetry and theory of the Berlin treaty. 
The provisions as to reservation of lands to the native people, the 
principle of taxation, and the restriction as to introduction of firearms 
and intoxicating liquors have all been preserved and in some respects 
emphasized. The courts, as I have already stated, are retained and 
their jurisdiction enlarged, and the executive power has been changed 
only by abolishing the puppet king and creating out of his white 
adviser a real executive, as the adviser was expected to be. In short, 
the only change in principle has been to take away the consular judi- 
cial powers and confer them upon the chief justice, and to give elasticity 
to the act by conferring such legislative powers as would seem to be 
impossible to be exercised by the powers themselves, or which results 
could not be embraced in an act so brief as the treaty itself. We have 
endeavored, in the short time at our command, to ascertain the weak- 
nesses of the treaty in its administration, to learn the requirements of 
the native people, and to suggest such changes as, it is hoped, will best 
retrieve the errors of the past and maintain a strong and stable gov- 
ernment in future. 

I am by no means sanguine that the form proposed will produce the 
effect desired, for while I have no doubt that any one of the great 
powers could easily govern these islands in the manner proposed, I 
fear their ability to do so when acting together, and I can not forbear 
to impress upon my Government not only the propriety but the neces- 
sity of dissolving this partnership of nations, which has no precedent 
for its creation nor reason for its continuance. It will produce national 
jealousies and endanger the friendly relations that have so long existed 
between the powers. Considerations of national welfare should ter- 
minate this unnatural alliance at the earliest moment that it can be 
done with proper regard for the rights and interests of the powers 
concerned. Should the plan of government recommended by the com- 
mission meet with approval, I can not urge too strongly that it be put 
into operation at the earliest moment. The provisional government is 
now in the hands of the consuls. We have delegated to them all the 



32 

executive power vested in the commission so far as we were able to do 
so under our power to establish a provisional government. 

A copy of our letter of authority and instructions will be found 
among the inclosures herewith submitted. Mr. Hamilton Hunter 
represents England, Luther W. Osborn the United States, and Mr. 
Grunow, formerly vice-consul, the Empire of Germany. Mr. Hunter 
is a man of considerable experience in the Pacific islands and has some 
knowledge of native character. Mr. Osborn has been "through the 
war," but seems unobjectionable to all parties. He is a good lawyer 
and his knowledge, derived from past experience, will be of service 
in the future. Mr. Grunow is a young man, but of some experience 
and ability. He, too, was in Apia during the recent troubles, and 
brings with him into his office as consul not only recollections, but 
some prejudices also as to the past. It is generally better that new 
men fill these places, for while they may lack in experience, they are 
free from bias and prejudice fostered and strengthened by recent 
events which often color their action and lessen their influence. 

Chief Justice Chambers expressed his desire to return home im- 
mediately on my arrival. I did not object, but deemed his action a 
wise one. The judge is a good lawyer and an honest man, but it would 
have taken years for him to have overcome the prejudice which his 
decision raised against him among the native people. Mr. Osborn has 
been temporarily appointed to fill his place, but his duties as consul, 
to which have been added the executive duties of the government, 
require that the place of chief justice should be immediately filled. 
Dr. Solf , president of the municipality, acts as adviser to the consuls 
under the provisional government as he did to the King under the 
former government. The commissioners are not satisfied with the 
form of government we were obliged to leave provisionally in force. 
We would have preferred to have assimilated it more to the form of 
the permanent government proposed, but with the material at hand 
the members of the commission were wholly unable to agree upon a 
person for administrator, and we leave the matter to the powers, trust- 
ing they will recognize the fact that the present government must be 
treated as a provisional one in the literal sense, and that immediate 
action should be taken to replace it with one of greater strength and 
influence. 

The Samoans are not a difficult people to govern; they are a volatile, 
emotional people; they are suddenly angered, but harbor no resent- 
ment or revenge; their reconciliation is as rapid and demonstrative 
as their anger is sudden and violent. They require a prompt and ener- 
getic government rather than a strong and powerful one. A few small 
vessels with rapid-fire guns can reach every village of the islands, and 
a few detachments of soldiers for police duty on shore would maintain 
peace everywhere. The islands are in shape not unlike that of the hat; 
the interior, representing the crown, is mountainous and uninhabited; 
the rim, or shore, is covered with cocoanut palms, breadfruit, pine- 
apples, bananas, and all tropical fruits which furnish the native food. 
Around this rim or shore line are situated all the villages and homes 
of the native people, so that the islands are easy to patrol on shore or 
by sea, and a government in which the native has confidence and is 
taught to respect can be administered with small display of force and 
little expense. Battle ships and large cruisers are worthless in these 
waters. The harbors are small and difficult of access, but vessels not 



33 

exceeding 1,500 tonnage — better 1,000 — can enter and anchor in most 
of the harbors of the islands. Our vessel, the Badger, we found too 
large for the island trip, and we accepted the kind offer of the Tuta- 
nekai, a New Zealand vessel of about 1,000 tons, which took us around 
Savaii, Apolima, Manono, and a portion of the island of Upolu, anchor- 
ing in places where larger vessels would not dare approach. 

These islands have been described so many times in the very able 
reports of consuls and former commissioners that I shall not attempt 
to go over the ground they have so well and so fully covered. They 
are beautiful in appearance, and the climate in winter — our summer 
at the North — is indeed charming. The level and mountain land is 
covered with trees and timber of every variety. Unlike the Hawaiian 
Islands, the mountains are green to the very tops. But little is known 
of the interior; beautiful waterfalls are seen from the harbor of Apia r 
said to be more than 400 feet in height, which are still inaccessible for 
want of roads. Virgin forests of splendid timber are yet untouched 
by native hand. The finest tropical fruits of the world, including 
oranges, pineapples, bananas, mangoes, cocoanuts, and breadfruit grow 
wild and in abundance. Outside of the great German and a few other 
plantations everything is in a state of nature. The soil is fertile, but 
rocky, and fitted only for growth of shrubs and trees. The soil is 
decomposed lava and scoria. Much of the lava rock is still undecom- 
posed, so that cultivation in the ordinary manner is impracticable and 
quite impossible. Such implements as plows, drags, drills, and culti- 
vators are useless here, and indeed unknown. 

Trees of all kinds throw down their roots into the loose, porous lava 
rock and a kind of low vine in the forest of cocoanut and other trees 
creeps over the low-lying rock, so that until disturbed the ground 
appears level and not unlike the dark soil of our Western land; but in 
most parts of the islands, when disturbed, it is found to be a broken 
mass of lava rock. Where it has been attempted to be removed in 
constructing roads through one of the German plantations at the west- 
ern end of Upolu, and where we spent a very pleasant Sunday, the 
rock removed from the roadway was sufficient in amount to construct 
a high wall on either side. The cultivation of cotton was at one time 
attempted by planting in hills from which the rock was removed, but 
the labor was found too great, and it has been practically abandoned. 
Shrubs of all kinds thrive in the lava rock. Coffee, it is believed, will 
yet be cultivated with success. Cocoa thrives, and the plantations are 
being largely increased. Copra, the product of the cocoanut, is still 
the principal article of export. All the tropical fruits which grow 
here in their wild state improve much by cultivation. 

The natives are not inclined to labor, and nearly all the laborers on 
the great plantations are brought from New Guinea and the Solomon 
Islands. It is believed that as the native becomes better educated and 
more and more adopts the habits of civilization he will devote his atten- 
tion more to the raising of copra, cocoa, and other commercial prod- 
ucts, and in this way his time will be better occupied than in the dis- 
ci ission of native politics and the propagation of island or tribal war. 
The greatest impediment to civilized progress has hitherto been the 
communal character of property. The land of the natives and much 
of their personal property is held in common, and their government is 
largely patriarchal. Their chiefs are heads of one great family. If 
one member of the family is more successful than another the rest 
tut 3 



34 

claim as a right, which he is not at liberty to deny, that he should share 
with them. There is therefore no incentive to individual activit}^. 
Punishments by fine are paid by the tribe, so that the only real pun- 
ishment which a native fears is imprisonment with hard labor. The 
latter is not only a disgrace, but a real punishment. The result is that 
most misdemeanors in Samoa are punished by hard labor. The mis- 
sionaries and other humanitarians here are using every effort to induce 
the natives to abandon this communal plan and to become, like the 
whites, individuals and men. Some laws looking to the allotment of 
lands, retaining still the prohibition upon alienation, would go far in 
aid of well-directed efforts to overcome this obstruction to native 
progress. 

The importance of the Samoan Islands, however, lies not so much 
in their commercial advantage as in their geographical location. They 
are in the great future pathway of commerce, and their importance in 
this respect can not be overestimated. Savaii, the largest group, has 
no good harbors. Upolu has several small harbors and open road- 
steads, for most of the harbors here are mere openings in the coral 
reef. This reef extends around each island at a width varying from 
a few feet or rods to several miles. Wherever the fresh water comes 
down to the sea the coral insect has abandoned his work, and here are 
found the harbors of the islands. If the stream is small the opening 
in the reef and harbor is also small. Generally the projecting head- 
lands near the mouth of the stream, if any, are low, so that these 
so-called harbors are mere open roadsteads. Some of these are too 
deep for anchorage, others too small, so that of all these reef openings 
but few can be called harbors. We spent several days at Pago-Pago. 
This unlike the other reef openings is a landlocked harbor, a beautiful 
inland harbor. It resembles one of those picturesque Swiss lakes. 
The mountains on every side are precipitous, and in places perpen- 
dicular, and the level land around the water's edge is very narrow and 
small in extent. 

Baron Sternburg, my colleague, kindly made me a set of drawings 
giving a panorama of the entire harbor, which are wonderfully accu- 
rate, and I had them photographed (taking the precaution to bring 
away the negatives), and I inclose you a set corresponding with a set 
sent also to the Navy Department. You will see marked thereon the 
place occupied by our projected wharf and coal sheds. The contractors 
were there and were at work at the time of our visit. I can not impress 
upon my Government too strongly the necessity of its undivided pos- 
session of this harbor. It is the only one worthy of the name in the 
islands. Tangeloa, on the island of Upolu, the only other harbor, has 
an open mouth and is too deep for anchorage. In Pago-Pago, after 
entering the inner harbor, it is as calm as an inland lake. Not a ripple 
was visible upon the face of the bay, although a storm was raging at 
sea and we could hear the waves roaring and the surf breaking in the 
outer harbor about 2 miles away. 

The harbor and the entire island should be under our individual con- 
trol. A coaling station within the harbor or the harbor alone would 
be of little value. The modern coaling station must be fortified, and 
to do this the adjoining bay of Leone must be had with its connecting 
peninsula. In short, the whole island must be had, and it would in 
my judgment be a wise policy to give our allies and the world to be 
informed that our interests in Samoa center most closely about Pago- 
Pago and the island of Tutuila, and that we should not look with favor 



upon any effort on the part of any nation to interfere with our rights 
or make them less available for future requirements of the nation by 
curtailment of our interests in the harbor or in the island itself. Nego- 
tiations between England and Germany have been several times had to 
exchange the undivided interests of the one for sole possession of 
other island properties. So far as I am informed the proposition has 
been only to surrender to Great Britain the German interests. This 
Germany will probably decline to do so long as the German firm 
retains its interests in the large German plantations, but recently it is 
said large offers have been made by British capitalists for these prop- 
erties. Should this result be brought about it would undoubtedly fol- 
low that Germany would exchange her Samoan interests for some Brit- 
ish island interests, and the United States, which has so long been the 
buffer power between these two great nations, would be in a position 
to ask for a severance of the joint rule we have so long maintained 
contrary to all our former national policies and traditions. 

Numerous claims against the three powers have been filed with us 
for reference to our Governments, and I append to this report an index 
giving name of claimant, the character and amount of claim, and sub- 
mit herewith as inclosures the claims so filed. We have had no oppor- 
tunity to examine such claims further than to learn that they grew out 
of the war between the native factions. We therefore submit them 
for your consideration without recommendation. 

In our consultations with missionaries, officials, and other residents 
of Samoa as to various questions in reference to the form of govern- 
ment, the, resources of the islands, the religious and educational con- 
dition of the natives, we have asked such individuals to furnish us with 
memoranda of the information so given. Many of them have done so, 
and some of these memoranda, which contain data and information of 
value, I have deemed it proper to inclose, and they will accordingly 
be found among the inclosures herewith submitted. 

Not having the opportunity of seeing Mataafa and Tanu in person 
at the time of our departure, we deemed it a wise precaution to address 
to each of them a letter from the commission direct, advising them of 
the provisional government which we were leaving in charge of the 
affairs of the islands, acknowledging the valuable services they each 
had rendered the commission in its efforts to promote peace and estab- 
lish a stable and permanent government, and reminding them of their 
promises of obedience and allegiance to the government so established. 
These letters, copies of which are herewith inclosed, were left with the 
consuls, with instructions that they should be translated into Samoan 
and transmitted to Mataafa and Tanu, as directed. It will be observed 
that no promises have at any time been held out to Mataafa of immu- 
nity or otherwise further than that he may have the right to expect, 
should his future action continue to be one of loyalty to the govern- 
ment and should he continue to use his great influence with the native 
Samoans in behalf of peace an honest allegiance to the government, 
that he may be permitted to spend the remainder of his days on his 
native island and with his family and friends. 

Mataafa is a strong factor in the politics of Samoa, an all-powerful 
element in determining the question of peace or war. Should he keep 
his promises in the future the government will be benefited b3 r his 
presence, otherwise he should be removed at once. I have every rea- 
son to believe that Mataafa will, in future, honestly and faithfully 



36 

keep every promise he has made. He is an old man, in poor health, 
and over his own signature he has declared "there should be no more 
king." His ambition is at an end, and the desire to die at home, and 
not in exile, he knows can be gratified only by the strict observance of 
every promise of obedience and loyalty that he has made. Tanu is 
but a child, and does not promise any development of strength for 
good or evil in the immediate future, and unless he be made the tool of 
some designing white man, no fears are to be entertained of his hostile 
action against the provisional or permanent government of the islands. 

Trusting that the peace we have been able to establish may be per- 
manent and the changes in the form of government we have proposed 
may meet in some degree with your approval, 

I remain, with the highest consideration, 

Your obedient servant, • Bartlett Tripp. 

August 7, 1899. 



List of inclosures. 

No. 1. Certified copy of docket entry in the Kingship case before Chief Justice 
Chambers. 

No. 2. Statement by United States Consul-General Osborn of recent events in Samoa. 

No. 3. Promemoria regarding the government of Samoa, by 0. Riedel, manager of 
the Deutsche Handels Gasellschaft. 

No. 4. Rear- Admiral Kautz to the commission, dated May 15, 1899. 

No. 5. Resignation of Malietoa Tanumafili as King of Samoa. 

No. 6. Samoan original and English translation of Mataafa's address read at Muli- 
nuu meeting. » • 

No. 7. Certificate of appointment of Luther W. Osborn as acting chief justice of 
Samoa. 

No. 8. Identic letter from the commission to the consuls of the three treaty powers. 
Dated July 18, 1899. 

No. 9. The commission to Malietoa Tanu. Dated July 17, 1899. 

No. 10. The commission to Mataafa. Dated July 17, 1899. 

No. 11. Suggestions regarding the future government of Samoa. William L. Cham- 
bers, chief justice. 

No. 12. Suggestions regarding the future government of Samoa. Ernest G. B. 
Maxse, British consul. 

No. 13. Suggestions regarding the future government of Samoa. F. C. D. Sturdee, 
commander of H. M. S. Porpoise. 

No. 14. Suggestions regarding the future government of Samoa. William Black- 
lock, United States vice-consul. 

No. 15. Suggestions regarding the future government of Samoa. The London Mis- 
sionary Society. 

No. 16. Suggestions regarding the future government of Samoa. H. J. Moors. 

No. 17. Suggestions regarding the future government of Samoa. Montgomery 
Beetham. 

No. 18. Suggestions regarding the future government of Samoa. G. Lober. 

No. 19. Statement of receipts and expenditures of the municipality of Apia. Jan- 
uary 1 to December 31, 1898. 

No. 20. Annual statement of Samoan Government for 1898. 

No. 21. Statement of imports and exports. Port of Apia. For the year ending 
December 31, 1897. 

No. 22. Revised ordinances and regulations of the municipality of Apia. 1891-1894. 

No. 23. Notes on cocoa culture and prospects. Prepared by H. J. Moors. 

No. 24. List of rifles and other weapons received by the commission from Samoan 
natives. 

No. 25. Report by officers of men-of-war of the three treaty powers of value of 
arms surrendered by Samoan natives. 

No. 26. Summary statement of claims against the three treaty powers filed with 
the commission. 

No. 27. Claims against the three treaty powers filed with the commission. 

No. 28. Views forming a panorama of Pago-Pago Harbor, Tutuila. 



37 



SAMOA-ADJUSTMENT OF JURISDICTION. 



CONVENTION 



THE UNITED STATES, GERMANY, AND GREAT BRITAIN 



ADJUST AMICABLY THE QUESTIONS BETWEEN THE THREE 
GOVERNMENTS IN RESPECT 



THE SAMOAN GROUP OF ISLANDS, 



Signed, December 2, 1899. 

Ratification advised by the Senate, January 16, 1900. 
Ratified by the President, February 13, 1900. 
Ratifications exchanged, February 16, 1900. 
Proclaimed, February 16, 1900. 



By the President of the United States of America, 
A PROCLAMATION. 

Whereas, the Convention between the United States of America, 
Germany and Great Britain, to adjust amicably the questions which 
have arisen between the three governments in respect to the Samoan 
group of Islands and to avoid all future misunderstanding in respect to 
their joint or several rights and claims of possession or jurisdiction 
therein, was concluded and signed by their respective Plenipotentiaries, 
at the City of Washington, on the second day of December, 1899, the 
original of which Convention, being in the English and German 
languages, is word for word as follows: 

The President of the United States of America, His Imperial 
Majesty the German Emperor, King of Prussia, and Her Majest3 T the 
Queen of the United Kingdom of Great Britain and Ireland, Empress 
of India, desiring to adjust amicably the questions which have arisen 
between them in respect to the Samoan group of Islands, as well as to 
avoid all future misunderstanding in respect to their joint or several 
rights and claims of possession or jurisdiction therein, have agreed to 
establish and regulate the same by a special convention; and whereas 
the Governments of Germany and Great Britain have, with the con- 



38 

currence of that of the United States, made an agreement regarding 
their respective rights and interests in the aforesaid group, the three 
Powers before named in furtherance of the ends above mentioned have 
appointed respectively their Plenipotentiaries as follows: 

The President of the United States of America, The Honorable John 
Hay, Secretary of State of the United States; 

His Majest}^ the German Emperor, King of Prussia, His Ambassador 
Extraordinary and Plenipotentiary, Herr von Holleben; and 

Her Majest} T the Queen of Great Britain and Ireland, Empress of 
India, the Right Honorable Lord Pauncefote of Preston, G. C. B., G.C. 
M. G., Her Britannic Majesty's Ambassador Extraordinary and Pleni- 
potentiary: 

who, after having communicated each to the other their respective 
full powers which were found to be in proper form, have agreed upon 
and concluded the following articles: 

Article I. 

The General Act concluded and signed by the aforesaid Powers at 
Berlin on the 14th day of June, A. D. 1889, and all previous treaties, 
conventions and agreements relating to Samoa, are annulled. 

Article II. 

Germany renounces in favor of the United States of America all her 
rights and claims over and in respect to the Island of Tutuila and all 
other islands of the Samoan group east of Longitude 171° west of 
Greenwich. 

Great Britain in like manner renounces in favor of the United States 
of America all her rights and claims over and in respect to the Island 
of Tutuila and all other islands of the Samoan group east of Longitude 
j 71° west of Greenwich. 

Reciprocally, the United States of America renounce in favor of Ger- 
many all their rights and claims over and in respect to the Islands of 
Upolu and Savaii and all other Islands of the Samoan group west of 
Longitude 171° west of Greenwich. 

Article III. 

It is understood and agreed that each of the three signatory Powers 
shall continue to enjoy, in respect to their commerce and commercial 
vessels, in all the islands of the Samoan group privileges and conditions 
equal to those enjoyed by the sovereign Power, in all ports which may 
be open to the commerce of either of them. 

Article IV. 

The present Convention shall be ratified as soon as possible, and shall 
come into force immediately after the exchange of ratifications. 

In faith whereof, we, the respective Plenipotentiaries, have signed 
this Convention and have hereunto affixed our seals. 

Done in triplicate, at Washington, the second day of December, in 
the year of Our Lord one thousand eight hundred and ninety- nine. 

John Hay Tseal.] 
Holleben [seal.] 
Pauncefote. [seal.] 



39 

Der Prasident der Vereinigten Staaten von Amerika, Seine Majestat 
der Deutsche Kaiser, Konig von Preussen, im Namen des Deutschen 
Reiches, und Ihre Majestat die Konigin des Vereinigten Konigreichs 
von Gross britannien und Irland, Kaiserin von Indien, von dem Wun- 
sche geleitet, auf f reundschaftlichem Wegedie Fragen, welche in Betreff 
der Samoa-Inseln sich ergeben haben, su erledigen, und alien kiinfti- 
gen Missverstandnissen iiber gemeinschaftliche oder besondere Besitz- 
rechte und Anspriiche oder iiber Auslibung der Gerichtsbarkeit auf 
diesen Inseln vorzubeugen, sind ubereingekommen, Alles dies durch 
eine besondere Convention zu ordnen und festzulegen. Nachdem 
zwisehen den Regierungen Deutschlands und Englands, rnit Ueberein- 
stimmung derjenigen der Vereinigten Staaten, iiber ihre wechselseitigen 
Rechte und Interessen an diesen Inseln bereits ein Uebereinkommen 
getrotfen worden ist, haben die drei vorgenannten Machte im Hinblick 
auf das vorerwahnte Ziel nachstehende Bevollmachtigte ernannt: 

Der Prasident der Vereinigten Staaten von Amerika den Staats- 
sekretar der Vereinigten Staaten The Honorable John Hay; 

Seine Majestat der Deutsche Kaiser, Konig von Preussen, Aller- 
hochstihren ausserordentlichen und bevollmachtigten Botschafter, 
Wirklichen Geheimen Rath, Dr. von Holleben; 

Ihre Majestat die Konigin des Vereinigten Konigreichs von Gross- 
britannien und Irland Allerhochstihren ausserordentlichen und bevoll- 
machtigten Botschafter The Right Honorable Lord Pauncefote of 
Preston, G. C. B., G. C. M. G.; 

welche nach gegenseitiger Mittheilung ihrer in guter und gehoriger 
Form bef undenen Vollmachten folgende Bestimmungen vereinbart und 
ausgemacht haben: 

Artikel I. 

Die von den vorgenannten Machten am 14. Juni 1889 in Berlin abge- 
schlossene und unterzeichnete Generalacte wird hiermit aufgehoben; 
desgleichen werden alle dieser Acte vorausgegangenen Vertrage, 
Abkommen und Vereinbarungen aufgehoben. 

Artikel II. 

Deutschland verzichtet zu Gunsten der Vereinigten Staaten von 
Amerika auf alle seine Rechte und Anspriiche an der Insel Tutuila 
und an alien anderen ostlich des 171sten Langengrades westlich von 
Greenwich gelegenen Inseln der Samoa-Gruppe. 

^ In gleicher Weise verzichtet Grossbrittannien zu Gunsten der Ver- 
einigten Staaten von Amerika auf alle seine Rechte und Anspriiche an 
der Insel Tutuila und an alien anderen ostlich des 171sten Langen- 
grades westlich von Greenwich gelegenen Inseln der Samoa-Gruppe. 

In gleicher Weise verzichten die Vereinigten Staaten von Amerika 
zu Gunsten Deutchlands auf alle ihre Rechte und Anspriiche auf die 
Inseln Upolu und Savaii und alle anderen westlich des I7lsten Langen- 
•grades westlich von Greenwich gelegenen Inseln der Samoa-Gruppe. 

Artikel III. 

Es wird ausdrucklich ausgemacht und vereinbart, dass jede der drei 
unterzeichneten Machte auch fernerhin fur ihren Handel und ihre 
Handelsschiffe in alien Inseln der Samoa-Gruppe die gleichen Vorrechte 
und Zugestandnisse geniessen soil, welche die Souverane Macht in alien 
den Hafen geniesst, die dem Handel einer dieser Machte offen stehen. 



40 
Artikel IV. 

Die vorliegende Convention soil sobald als moglich ratifizirt werden 
und unmittelbar nach Austauseh der Ratifikationen in Kraft treten. 

Zu Urkund dessen haben die Unterzeichneten sie vollzogen und ihre 
Seigel beigedriickt. 

So geschehen in dreifacher Ausfertigang zu Washington, den 2. 
Dezember 1899. 

John Hay (seal) 

HoLLEBEN (SEAL) 

Pauncefote. (seal) 

And whereas the said Convention has been duty ratified on the part 
of each Government and the ratifications of the three Governments 
were exchanged in the Cities of Washington, Berlin and London on the 
sixteenth day of February, one thousand nine hundred, in the following 
manner, to wit, each Government handing to the Ambassadors of the 
other two. at its capital, its ratification : 

Now, therefore, be it known, that I, William McKinley, President 
of the United States of America, have caused the said Convention to be 
made public, to the end that the same and every article and clause 
thereof may be observed and fulfilled with good faith by the United 
States. and the citizens thereof. 

In witness whereof, I have hereunto set my hand and caused the 
seal of the United States to be affixed. 

Done in the City of Washington, this sixteenth day of February, in 
the year of Our Lord one thousand nine hundred, and of the 
[seal.] Independence of the United States the one hundred and 
twenty-fourth. 

William McKinley 
By the President: 
John Hay 

Secretary of State. , 



CESSION OF CHIEFS OF TUTTJILA, ETC. (OF SAMOAN ISLANDS) 
TO THE UNITED STATES OF AMERICA, APRIL 17, 1900. 

To all whom these presents shall come, greeting: 

Whereas the Governments of Germany, Great Britain, and of the 
United States of America have, on divers occasions, recognized the 
sovereignty of the government and people of Samoa and the Samoan 
Group of Islands as an independent State; and 

Whereas, owing to dissensions, international disturbances, and civil 
war, the said Governments have deemed it necessary to assume the 
control of the legislation and administration of said State of Samoa; and 

Whereas the said Governments have, on the sixteenth (16th) day of 
February, by mutual agreement, determined to partition said State; 
and 

Whereas the Islands hereinafter described being part of the said 
State, have, by said arrangement amongst the said Governments, been 
severed from the parent State, and the Governments of Great Britain 



41 

and of Germany have withdrawn all rights hitherto acquired, claimed 
or possessed by both or either of them, by Treaty or otherwise, to 
the said Islands in favor of the Government of the United States of 
America; and 

Whereas for the promotion of the peace and welfare of the people 
of said Islands, for the establishment of a good and sound Govern- 
ment, and for the preservation of the rights and property of the inhabit- 
ants of said Islands, the Chiefs, rulers and people thereof are desir- 
ous of granting unto the said Government of the United States full 
power and authority to enact proper legislation for and to control the 
said Islands, and are further desirous of removing all disabilities that 
may be existing in connection therewith, and to ratify and to confirm 
the grant of the rule of said Islands heretofore granted on the 2nd day 
of April, 1900; now know ye: 

1. That we, the Chiefs whose names are hereunder subscribed, by 
virtue of our office as the hereditary representatives of the people of 
said Islands, in consideration of the premises hereinbefore recited, and 
for divers good considerations us hereunto moving, have ceded, trans- 
ferred and yielded up unto Commander B. F. Tilley, of the U. S. S. 
Abavenda, the duly accredited representative of the Government of the 
United States of America in the Islands hereinafter mentioned or 
described, for, and on behalf of the said Government, all these, the 
Islands of Tutuila and Aunuu, and all other Islands, rocks, reefs, fore- 
shores, and waters lying between the thirteenth (13th) degree and the 
fifteenth (15th) degree of south latitude, and between the one hundred 
seventy-first (171st) degree and the one hundred sixty-seventh (167th) 
degree of west longitude from the meridian of Greenwich, together 
with all sovereign rights thereunto belonging and possessed by us to 
hold the said ceded territory unto the Government of the United States 
of America to erect the same into a separate District to be annexed to 
the said Government to be known and designated as the District of 
"Tutuila." 

2. The Government of the United States of America shall respect 
and protect the individual rights of all people dwelling in Tutuila to 
their lands and other property in said District; but if the Government 
shall require any land or any other thing for Government uses, the 
Government may take the same upon payment of a fair consideration 
for the land or other thing to those who may be deprived of their 
property oil account of the desire of the Government. 

3. The chiefs of the towns will be entitled to retain their individual 
control of the separate towns, if that control is in accordance with the 
laws of the United States of America concerning Tutuila, and if not 
obstructive to the peace of the people and the advancement of civili- 
zation of the people, subject also to the supervision and instruction of 
the said Government. But the enactment of legislation and the Gen- 
eral Control shall remain firm with the United States of America. 

4. An investigation and settlement of all claims to title to land in 
the different divisions or districts of Tutuila shall be made by the 
Government. 

5. We, whose names are subscribed below, do hereby declare with 
truth for ourselves, our heirs and representatives, by Samoan Custom, 
that we will obey and owe allegiance to the Government of the United 
States of America. 



42 



In witness whereof we have hereunto subscribed our names and 
affixed our seals on this 17th day of April, 1900, A. D. 

TOFO and AIT UL AG I SUA and VAIFANUA 

Leoso of Leone Pele x 

Tuitele of Leone x Mauga x 

Faiivae of Leone x Leiato 

Letuli of lliili x Faumuina 

Fuimaono of Aoloau x Masaniai 

Satele of Vailoa x Tupuola 

Leoso of Leone x Soliai 

Olo of Leone x Mauga 

Namoa of Aitulagi x 

Maloata of Aitulagi x 

Tunaitau of Pavaiai x 

LUALEMANA of Asil X 

Amituagai of Ituau x 

The foregoing Instrument of Cession (pages 1, 2, 3) was duly signed 
by Leoso in the presence of and at the request of the Chiefs and 
representatives of the Division of Tofo and Aitulagi, and by Pele in 
the presence of and at the request of the Chiefs and representatives of 
the Division of Sua and Vaifanaa, in Tutuila, in conformity with a 
Samoan Custom as to signatures to documents, in my presence at 
Pagopago on the 17th day of April 1900, A. D., immediately prior to 
the raising of the United States Flag at the United States Naval 
Station, Tutuila. 

(Signed) E. W. Gurr, 

Barrister of the Supreme Court of Samoa. 



43 

SAMOAN CLAIMS-DECISION-1902, 



DECISION aiVEN BY HIS MAJESTY OSCAR II, KING OF SWEDEN AND NORWAY, AS ARBI 
TRATOR UNDER THE CONVENTION SIGNED AT WASHINGTON THE 7TH OF NOVEMBER, 
1899, BETWEEN THE GERMAN EMPIRE, THE UNITED KINGDOM OF GREAT BRITAIN 
AND IRELAND, AND THE UNITED STATES OF AMERICA, RELATING TO THE SETTLE- 
MENT OF CERTAIN CLAIMS ON ACCOUNT OF MILITARY OPERATIONS CONDUCTED IN 
SAMOA IN THE YEAR 1899. 

GIVEN AT STOCKHOLM THE 14TH OF OCTOBER, 1902. 



We Oscar, by the Grace of God King of Sweden and Norway, 

Having been requested by His Majesty the German Emperor, King 
of Prussia, in the name of the German Empire, by Her Majesty the 
late Queen of the United Kingdom of Great Britain and Ireland, and 
by the President of the United States of America to act as Arbitrator 
in the differences existing between them with regard to certain claims 
of residents in the Samoan Islands on account of military operations 
conducted there in the year 1899, and having accepted the office of 
Arbitrator ; 

Having received from the Imperial German Government, His 
Britannic Majesty's Government, and the Government of the United 
States of America their respective Cases accompanied b}^ the docu- 
ments, the official correspondence, and other evidence on which each 
Government relies, as well as, after due communication hereof, their 
respective Counter-Cases and additional documents, correspondence, 
and other evidence, and having thereupon received from the Imperial 
German Government their Reply to the Counter-Cases and additional 
documents, correspondence, and other evidence presented b}^ the two 
other Governments ; 

Having since full}^ taken into Our consideration the Convention 
concluded and signed at Washington the 7:th of November 1899 for 
the settlement of the aforesaid claims by means of arbitration, and 
also the Cases, Counter-Cases, Reply, and evidence presented by the 
respective parties to the said Convention up to the, 2: nd of April 1902, 
and having impartially and carefully examined the same: 

Whereas by Art. I of the said Convention of the T:th of November 
1899 His Majest}^ the German Emperor, Her Britannic Majest} 7 , and 
the President of the United States of America have agreed that all 
claims put forward by Germans, or British subjects, or American 
citizens, respectively, for compensation on account of losses which 
they allege having suffered in consequence of unwarranted military 
action, if this is shown to have occurred, on the part of German, 
British or American officers between the list of January 1899 and 
the 13:th of May following, date of- the arrival in Samoa of the Joint 
Commission of the Powers, should be decided b} 7 the present arbitra- 
tion in conformity with the principles of international law or con- 
siderations of equity; 



44 

And whereas by Art. Ill of the said Convention it is provided that 
either of the three Governments may, with the consent of the others, 
previously obtained in every case, submit to the Arbitrator similar 
claims of persons not being natives who are under the protection of 
that Government, and who are not included in the above mentioned 
categories; 

And whereas, by a subsequent arrangement made by the Signatory 
Powers, with Our sanction, the provisions of the Arbitration Conven- 
tion have been extended to claims presented by other Powers on 
behalf of their subjects or citizens; 

And whereas the German Government contend that the military 
action undertaken b} 7 British and American officers at the time afore- 
said was wholly unwarranted and that, therefore, the British and 
United States' Governments are responsible for losses caused by said 
military action to Germans and to persons under German protection; 

And whereas, on the other hand, the British Government and the 
United States' Government argue that the militaiy action in question 
was not unwarranted but, on the contrary, was in every respect neces- 
sary and justifiable, and that, therefore, no claims are entitled to con- 
sideration b} 7 the Arbitrator, and no further proceedings under the 
aforesaid Convention necessary or admissible, while reserving to 
themselves the right to examine in detail the particular claims, should 
it later on become necessary to do so; 

And whereas under Art. I of the said Convention, no other claims 
are to be decided by the present arbitration than those for losses suf- 
fered in consequence of unwarranted military action, and thus the 
primary question to be determined by Us is whether the military 
action undertaken in Samoa at the time aforesaid by British and 
American officers was, or was not, unwarranted; 

And whereas it is proper to settle this preliminary point at the 
present stage, and thus determine generally whether or not the British 
and United States' Governments ought to be considered responsible 
for losses caused b} 7 that action, before ordering any proceedings with 
respect to the particular claims presented; 

Have resolved to confine Our attention, for the present, to those 
considerations only which have a distinct bearing on the said issue, 
and on that question have arrived at the following Decision: 

Whereas, with respect to the military action complained of, it results 
from the declarations of the parties and from all the documents of the 
case that on the 15:th of March 1899 the U. S. ship w ' Philadelphia" 
and H. B. M. ships " Porpoise" and " Royalist" opened fire across the 
town of Apia and on the land situate in the rear of said town, the fire 
being directed against the forces of the High Chief Mataafa, that the 
greater part of the adherents of the newly appointed King of Samoa, 
Malietoa Tanumafili, having in those days been brought to Apia from 
different parts of the Samoan Islands by the British and American 
Naval Commanders, landed at Mulinuu and supplied by them with arms 
and ammunition, active hostilities thereupon ensued between the 
Malietoans and the Mataafa party, that from the said 15: th of March 
up to the 25:th of April following the said ships, in support of the 
Malietoa party, frequenty proceeded to bombard the rear of Apia as well 
as various other localities on the Island of Upolu and to destroy villages 
to overthrow the Provisional Government thereb}" established, was 
contrary to the aforesaid obligation and cannot be justified on the plea 



45 

neither of the invalidity ab initio of the said Provisional Government 
nor of its establishment under a species of force majeure; 

Whereas — with respect to the objection of the British and United 
States' Governments to the refusal of the German Consul to sign the 
proclamation proposed by the other Consuls to be issued immediately 
after the Chief Justice had given his decision on the 31:st of December 
1898, and their contention that, in determining the responsibility for 
the subsequent events, it should be taken into consideration that the 
attitude of the German Consul was a direct violation of the provisions 
of the Berlin General Act — it cannot.be considered to have been the 
duty of the German Consul to take part in the issuing of said procla- 
mation, and it has not been proved that with regard to said decision 
any steps were taken by him contrar} 7 to the General Act, and there- 
fore no responsibility attaches for the attitude taken up by him in this 
respect; 

Whereas — with respect to the contention of the British and United 
States' Governments that, whether or not there was authority to insist 
by force on the acceptance of the provisions of the Berlin General 
Act, the military action was not unwarranted, because it was necessary 
for the protection of lives and property which it was the duty of the 
British and American officers to safeguard, and because the opening 
of fire on the 15:th of March was necessitated by the Mataafan war- 
riors making a rush on the British and the United States' Consulates 
and by a threatened attack by several war canoes on Mulinuu, where 
a detachment from the British and American ships was stationed, — 
We have found nothing in the evidence before Us to show that the 
general condition of affairs w T as such as to render the military action 
necessary for the protection of lives and property, and, as to the said 
two attacks alleged to have taken place on the 15:th of March, it results 
from all the facts relative thereto that the rush was not, and never was 
meant to be, an attack on the Consulates but simply was directed 
against some fleeing women of the Malietoa party, that no attack was- 
intended on Mulinuu by the canoes, which by the garrison there were 
seen putting out from the opposite shore of the Vaiusu bay and which 
were ordered by Mataafa to go along the coast to the west and, in fact, 
were going in that direction and not towards Mulinuu when the firing 
began, and that, on account of the state of the tide, it was not even 
possible at the time to pass the bay in canoes; 

And whereas it is established not only that, on the arrival of the 
"Philadelphia" on the 6:th of March, the Malietoans were completely 
defeated, and deported to distant places, and deprived of their arms, 
and unable to offer any resistance whatever to the victorious Mataafans, 
but also that in the last days before the beginning of the bombard- 
ment Mataafa was ordered away from Mulinuu by the United States' 
Admiral, and that the Malietoans were brought back there by the 
British and United States' military authorities, that a considerable 
quantity of arms was returned to the Malietoans, which arms in the 
beginning of January 1899 had been surrendered by them to the 
Commander of the "Porpoise" when, defeated by the Mataafans, they 
had taken refuge under the guns of that ship, that ammunition was 
distributed to the Malietoans from the reserve stock which, according 
to the arrangement in 1896 between the Treaty Powers, was to be kept 
by landing parties, assisted therein from the 21: th of March by H. B. 
M. ship "Tauranga," that from the saidl5:th of March up to the said 



46 

25: th of April frequent expeditions into the interior took place by 
combined forces of sailors and marines from the ships of war and 
natives of the Malietoa party commanded by officers from the ships, 
for the purpose of lighting the Mataafans, or in order to procure food, 
and that in Apia a severe control of the street traffic was established 
b} r the British and American military authorities through the'posting 
of sentries with orders to allow only bearers of passports issued b}^ said 
authorities to pass; 

Whereas — with respect to the contention of the British and llnited 
States' Governments that, under the terms of the General Act signed 
at Berlin the 14: th of June 1889, an}^ one of the Signatory Powers was 
fully authorized to enforce by every means the decision of the 31 : st of 
December 1S98 of the Chief Justice of Samoa declaring Malietoa Tan- 
umafili King of Samoa, which decision had been rejected by the Mataafa 
party, and that, therefore, the military action, if taken for that pur- 
pose, was not unwarranted — We have found nothing in the said Gen- 
eral Act, or an}^ subsequent agreement, which authorizes one of the 
Signatory Powers, or a majority of them, to take action to enforce the 
provisions of the Act, or the decisions of the Chief Justice binding on 
the Powers; 

Whereas, on the contraiy, by Art. 1 of the General Act it is expressly 
provided that "neither of the Powers shall exercise any separate con- 
trol over the islands or the Government thereof", and, taking into 
consideration the nature and extent of the operations at the time afore- 
said conducted in Samoa by the British and American military authori- 
ties, the military action in question undoubtedly had the character of 
a serious control over the Samoan Islands and the Government thereof; 

And whereas, moreover, the protocols of the Berlin Conference 
clearly show that, in framing the General Act, the plenipotentiaries 
of the Powers wished to establish the principle that, in their dealings 
with Samoa, the Powers only could proceed b}^ common accord, and 
as this very principle has been sanctioned b}- the Powers not only in 
subsequent agreements supplementary to the General Act made between 
them in 1892 and 1896, by which it was agreed that under certain cir- 
cumstances their ships of war might be used to support the Supreme 
Court of Samoa and ammunition served out to the Samoan Govern- 
ment, though in both cases only with the unanimous consent of the 
representatives of the Powers, but also in the instructions issued for 
the Joint Commission sent to Samoa in 1899, the actions of which 
should be valid only if acceded to by all three commissioners; 

Whereas, furthermore, b}^ proclamation issued on the l:th of Janu- 
ary 1899 the Consular Representatives of the Treaty Powers in Samoa, 
owing to the then disturbed state of affairs and to the urgent neces- 
sity to establish a strong Provisional Government, recognized the 
Mataafa party represented b} 7 the High Chief Mataafa and thirteen of 
his chiefs to be the Provisional Government of Samoa pending instruc- 
tions from the three Treaty Powers, and thus those Powers were bound 
upon principles of international good faith to maintain the situation 
thereby created until by common accord the}^ had otherwise decided; 

And whereas, that being so, the military action in question under- 
taken b} r the British and American military authorities before the 
arrival of the instructions mentioned in the proclamation, and tending 
for the use of the Samoan Government and served out to the natives 
only by the unanimous request of the three consuls, and that such 



47 

distribution was made by the British and American authorities with- 
out the consent of the German Consul; 

And whereas it ought to have been forseen that the said actions on 
the part of the British and American authorities, which cannot be 
considered to have been justified by any threatening attitude of the 
Mataafans, should exasperate these latter and greatly endanger the 
peace of the country and the situation created by the surrender of 
the Malietoans on the 2:nd of January and by the establishment of the 
Provisional Government, and, therefore, the British and United States' 
authorities ought to have abstained from such proceedings; 

Whereas, with respect to the stopping of the street traffic, the 
measures relative thereto were in themselves contrary, as far as Ger- 
mans were concerned, to the provisions of the Berlin General Act guar- 
anteeing them the same rights of residence, trade, and personal 
protection as subjects and citizens of the two other Powers, and, at 
all events, those measures constituting only a detail of the military 
operations at the time, the question whether or not they were unwar- 
ranted under the circumstances depends on the same considerations as 
those which concern the military action in general ; 

Whereas the above considerations apply equally to all the claims 
before Us, whether presented under the Arbitration Convention itself 
or under the subsequent arrangement; 

For these reasons, 

We are of opinion — 

That the military action in question, viz. the bringing back of the 
Malietoans and the distribution to them of arms and ammunition, the 
bombardment, the military operations on shore, and the stopping of 
the street traffic, cannot be considered as having been warranted; 

And that, therefore, His Britannic Majesty's Government and the 
United States' Government are responsible under the Convention of 
the T:th of November 1899 for losses caused by said military action; 

While reserving for a future decision the question as to the extent 
to which the two Governments, or each of them, may be considered 
responsible for such losses. 

In testimony whereof We have signed this present Decision and 
have ordered Our Royal Seal to be affixed hereunto. Done in tripli- 
cate at Our Royal Palace at Stockholm on the fourteenth day of Octo- 
ber in the year of Our Lord one thousand nine hundred and two. 

Oscar, [l. s.] 



SAMOA. 

SAMOAN AFFAIRS. 

[From Foreign Relations, 1899.] 

Sir Julian Pauncefote to Mr. Day. 

British Embassy, 

Washington, June 1^ 1898. 

Sir: It has been brought to my knowledge by the Marquis of Salis- 
bury that the consuls of the three treaty powers in Samoa received, on 
the 1st of April last, a communication from certain rebel chiefs of the 
Tumna, notifying their independence by the erection of a separate flag* 
at Leulumolga. 

The three consuls replied, on April 9, informing the rebel chiefs 
that under the Berlin treaty the government of King Malietoa was the 
only one in Samoa, and that any attempt to set up a separate govern- 
ment or to raise a separate flag would not be recognized by the three 
treaty powers. 

At a meeting held at the British consulate on the 15th April last it 
was unanimously decided by the three consuls to submit once more to 
their respective Governments the question of the return to Samoa of 
Mataafa. 

The three consuls had previously stated their opinion that the return 
of Mataafa and the other exiled chiefs would, under certain conditions, 
be a source of strength to the government of King Malietoa, especially 
as the question had been further complicated by the hoisting of the 
rebel flag at Leulumolga. 

Mr. E. Maxse, Her Majesty's consul, reports that the Mataafa clan 
(aiga) is very disquieted at the rumor that Mataafa will not be pardoned, 
and that the King and government fear that the clan will return to the 
rebel should his pardon be much longer delayed. Mr. Maxse adds 
that the return of Mataafa to Samoa would undoubtedly detach many 
powerful chiefs from the rebel faction who now openly declare that the 
talk of Mataafa's return was a mere trick to try to induce them to 
come in. 

Under the circumstances, which I have briefly indicated above (and 
which have doubtless been alread}^ reported to you b} r the United States 
consul-general at Apia), I am directed by the Marquis of Salisbury to 
inquire whether your Government are disposed to concur in the recom- 
mendation of the consul that Mataafa should now be permitted to return 
to Samoa on condition of his signing the protocol a draft of which I 
have the honor to inclose in this note. 
I have, etc., 

Julian Pauncefote 

48 



49 

[Inclosure.] 
PROTOCOL. 

. I, Mataafa, now of the island of" Jaluit, do hereby solemnly promise, agree, and 
declare that if I shall be pardoned and permitted to return to Apia, Samoa, I will at 
all times be and remain in all things loyal to the government of Samoa, as now 
established under the Berlin treaty, and to Malietoa and to his successors; that I 
will remain at Mulinuu and not depart therefrom without the written consent of the 
consuls of the treaty powers; that I will not encourage or participate in any hostile 
action against the government, nor will I permit my relatives or adherents to engage 
in any such hostile action against the government, and that I will to the best of 
my ability aid and support the government as now established under said treaty, 
and that I will use my influence to promote the peace of Samoa and to strengthen 
the loyalty of the people toward the government, and that my return and continued 
residence in Samoa shall depend upon my faithful performance of all of the conditions 
above mentioned. 

In testimony whereof I have hereunto set my hand this day of — 1898. 



In presence of- 



Mr. Day to Sir Julian Pauncefote. 



No. 1066.] Department of State, 

Washington, June 25, 1898. 

Excellency: I have the honor to acknowledge the receipt of your 
note of the 14th instant. It deals with the question of the pardon of 
Mataafa and his return to Samoa, in view of the threatened secession 
of the other chiefs who would unquestionabty be deterred from taking 
any hostile action against the Samoan government in case he were per- 
mitted to return from his exile. Accordingly it is suggested that 
should Mataafa agree to sign a protocol, draft of which you inclose, 
promising allegiance to Malietoa and the government of Samoa, he be 
permitted to return thither. 

The Government of the United States cordially concurs in this view 
of the case and the recommendation of the consular body to which 
you allude. It is proper to say that this Department is in receipt of 
identical information with that imparted b}^ your note, from Mr. 
Luther W. Osborn, consul-general of the United States at Apia, who 
transmitted it in a recent dispatch. 

Mr. Osborn will be instructed to cooperate with his colleagues in 
obtaining the signature of Mataafa to the protocol in question, where- 
upon his return to Samoa may be assured. 

Inclosing for your information a copy of a note a upon the subject 
addressed to the German ambassador, I have the honor to be, etc., 

William R. Day. 



Mr. Day to Mr. von Holleoen. 

No. 66.] Department of State, 

Washington, June 25, 1898. 
Excellency: I have the honor to inclose for your information a 
copy of a note from the British ambassador, of the 14th instant, and 
of my reply of the 25th, in relation to the pardon of Mataafa and his 

a See infra. 
TUT 4 



50 

return to Samoa, as a means of averting threatened hostility on the 
part of certain other chiefs against the government of Samoa. 

It will be perceived that the Government of the United States con- 
curs in the suggestion of Her Majesty's Government based upon the 
recommendation of the consular body at Apia, that Mataafa be per- 
mitted to return to Samoa upon signing the protocol inclosed by the 
British ambassador, promising allegiance to the King and the govern- 
ment of Samoa. 

It is not doubted that this disposition of the case will meet the ap- 
proval of His Imperial Majesty's Government, and that proper instruc- 
tions will be sent to the German consular representative at Apia to 
cooperate with his American and British colleagues to secure the sig- 
nature of Mataafa to the proposed protocol upon which his return to 
Samoa is predicated. 

The consul-general of the United States at Apia has been instructed 
in that sense. 

I have, etc., William R. Day. 



Mr. Day to Sir Julian Pamicefote. 

No. 1079.] Department of State, 

Washington, July 7, 1898. 
Excellency: I have the honor to inclose for your information a 
copy of a note a from the German embass}^, of the 7th instant, and of 
my reply of to-day's date, assenting to the return of the chiefs who 
were exiled with Mataafa, on condition that each were willing to sign 
a protocol similar to that mentioned in the Department's note, No. 
1066, of June 25, 1898, and which promised allegiance to the govern- 
ment of Samoa. It is further stipulated, however, that the consent of 
Her Majesty's Government should first be given to this disposition of 
the incident. 

I have, etc. , William R. Day. 



Mr. Sternburg to Mr. Day. 

German Embassy, 
Washington, July 7, 1898. 
Mr. Secretary: Acting under instructions of his Government I 
am directed by his excellenc}^ the German ambassador to inquire 
whether your Government are disposed to concur in the recommen- 
dation of the Imperial German Government that all the chiefs living* 
in exile with Mataafa should not be permitted to return to Samoa on 
condition of their signing a similar protocol to that to be signed by 
Mataafa regarding their loyalty toward the Samoan government. 

Sir Julian Pauncefote informed me that he would telegraph to his 
Government as soon as an agreement had been reached on this ques- 
tion between the Government of the United States and the Imperial 
German Government. 

I avail myself, etc., H. S. Sternburg. 

« See infra* 



51 

Mr. Day to Mr. von Holleben. 

No. 76.] Department of State, 

Washington, July 7, 1898. 

Excellency: I have the honor to acknowledge the receipt of a note 
from your embassy of the 7th instant, in which you inquire whether 
the Government of the United States is disposed to concur in the rec- 
ommendation of the Imperial German Government "that all the chiefs 
living in exile with Mataafa should be permitted to return to Samoa 
on condition of their signing a similar protocol to that to be signed by 
Mataafa regarding their loyalty toward the Samoan government." 

I am disposed to believe that the peace of Samoa would be more 
readily and perhaps more permanently secured by the return thither 
of all the chiefs who accompanied Mataafa in his exile, provided each 
were willing to sign the protocol or a similar one to that mentioned in 
the Department's note No. 66, of June 25, 1898, and which promised 
allegiance to the Samoan government. 

If this disposition of the incident is satisfactory to Her Britannic 
Majesty's , Government, as well as that of His Imperial German 
Majesty's, it will be acceptable to the Government of the United States. 

I shall give a co^y of your embassy's note and of my reply to the 
British ambassador for the information of Her British Majesty's 
Government. 

Accept, etc., William R. Day. 

Sir Julian Pauncefote to Mr. Day. 

British Embassy, 

New London, Conn., July 12, 1898. 

Sir: With reference to your note No. 1066, of the 25th ultimo, 
assenting to the return of the exiled chief, Mataafa, to Samoa, I have 
the honor to bring before you, by desire of the Marquis of Salisbury, 
a matter which, in the opinion of Her Majesty's Government, calls for 
consideration of the treaty powers. 

Her Majesty's consular representative in Samoa, Mr. Maxse, has 
reported that the health of the present King, Malietoa, is very unsat- 
isfactoiy, and, in view of the possibility of his early demise, it is sug- 
gested that the treaty powers should consider the arrangement to be 
made for the selection of a successor. 

I am desired by Her Majesty's Government to inquire what view 
the United States Government take of the matter. 
I have, etc., 

Julian Pauncefote. 



Mr. Day to Sir Julian Pauncefote. 

No. 1094.] Department of State, 

Washington, July 18, 1898. 

Excellency: I have the honor to acknowledge the receipt of your 

note of the 12th instant, in which, with reference to the return of the 

exiled chief, Mataafa, and the unsatisfactory condition of the health 

of the present king, Malietoa, whose early demise may reasonably be 



52 

expected, " it is suggested that the treaty powers should consider the 
arrangements to be made for the selection of a successor." You 
accordingly inquire, at the instance of Her Majest} r 's Government, 
what view the Government of the United States takes of the matter. 

The inquiry of Her Majesty^s Government is evidently prompted by 
a desire to insure, if possible, the permanent peace of the Samoan 
Islands in case of the death of King Malietoa. In this aspect of the 
case the Government of the United States is equally solicitous and is 
willing to exert its influence b} T all legal and equitable means. 

It is desirable and necessary, however, in this connection to refer 
to the provisions of the general act providing for the neutrality and 
autonomous government of the Samoan Islands, concluded at Berlin 
June 14, 1889. 

Article I of the general act, after declaring that those islands are 
neutral territory, in which the citizens and subjects of the three signa- 
tory powers have equal rights of residence, trade, and personal pro- 
tection, says: 

The three powers recognize the independence of the Samoan government and the 
free right of the natives to elect their chief or king and choose their form of govern- 
ment according to their own laws and customs. Neither of the powers shall exer- 
cise any separate control over the islands or the government thereof. 

The same article defines the status of Malietoa Laupepa, who was 
recognized b} T the three powers as king, and adds: 

His successor shall be duly elected according to the laws and customs of Samoa. 

Nowhere in the general act is authority conferred upon the treaty 
powers to appoint or agree upon a successor to King Malietoa. The 
right of the natives to elect their chief or king according to their own 
laws and customs is clearly conceded and recognized. 

When they shall have done this, b} r reason of the death of Malietoa, 
the Government of the United States will be most willing to cooperate 
with the interested powers to recognize the natives 1 choice and to do 
all that lies in its power to strengthen his hands for the preservation 
of peace and the maintenance of good government in the Samoan 
Islands, i 

I have, etc., William R. Day. 

Sir Julian Pauncefote to Mr. Day. 

British Embassy, 

New London, Conn. , July #6> , 1898. 

Sir: With reference to your note of the 7th instant and to previous 
correspondence relative to the proposed measures for the repatriation 
of Mataafa and the chiefs exiled with him, I have the honor to state 
to you that I have been informed by Her Majesty's secretary of state 
for foreign affairs that instructions have been sent by telegraph to 
Her Majestj^'s consul at Apia to make the necessaiy arrangements, in 
concert with his German and United States colleagues, for Mataafa's 
return to Samoa, on condition that he signs the protocol which has 
been drawn up with regard to his future good conduct. 

Consul Maxse's attention has also been drawn to the opinion of the 
German Government that the chiefs who shared Mataafa's exile should 
alwo be called upon to sign the protocol previous to their return. 



I have, etc. , 



Julian Pauncefote. 



53 

Mr. Day to Sir Julian Pauncefote. 

No. 1110.] Department of State, 

Washington, July 29, 1898. 
Excellency : 1 have the honor to acknowledge the receipt of your 
note of the 26th instant in regard to the proposed measures for the 
return to Samoa of Mataafa and the chiefs exiled with him, and to say, 
in reply, that they are satisfactory to the Government of the United 
States. 

1 have, etc., William R. Day. 

Sir Julian Pauncefote to Mr. Day. 

British Embassy, 
New London, Conn., September 1, 1898. 

Sir : With reference to my note of the 12th of Juty last, respecting 
the possibility of the early demise of King Malietoa, of Samoa, and 
the arrangements to be made for selecting his successor, I have the 
honor to state to you that Her Majesty's Government have now 
received through Mr. Maxse, Her Majesty's consul in Samoa, the intel- 
ligence of Malietoa's death. 

I am directed by Her Majesty's secretary of state for foreign affairs 
to inform you that Her Majest}^'s Government are of opinion that the 
election of the King's successor ought to be strictly in accordance with 
the provisions of Article I of the Berlin final act of 1890, and that the 
consuls of the three powers should be instructed by telegraph to sub- 
mit suggestions relative to the manner of procedure. 

In reporting the death of the King, Mr. Maxse added a personal 
recommendation that the return to Samoa of the Chief, Mataafa, should 
be delayed until after the election of a new king, and Her Majesty's 
Government would be glad to learn the views of the United States Gov- 
ernment in regard to this proposal. 

I have, etc. , Julian Pauncefote. 

Sir Julian Pauncefote to Mr. Adee. 

British Embassy, 
JYetv London, Conn., September 28, 1898. 

Sir: I had the honor on the 1st instant to address a note to Mr. 
Secretary Day in reference to the affairs of Samoa,. stating the views 
of Her Majesty's Government in regard to the election of a successor 
to the late King Malietoa, and asking for an expression of your Gov- 
ernment's opinion on the recommendation of Her Majesty's consul at 
Apia that the return to Samoa of the Chief, Mataafa, should be delayed 
until after the election of the new king. 

I venture to recall the matter to the attention of your Government, 
as the question of Mataafa's return is evidently one on which it is 
important that a decision should be arrived at without delay, and I 
feel it to be very desirable that my Government should he in posses- 
sion of the views of the United States Government on the subject at 
the earliest moment possible. 

1 should be greatly obliged if you would favor me with a reply to 
the inquiry contained in my note as soon as you find it practicable to 
do so, in order that I may communicate it to Her Majesty's Govern- 
ment by telegraph. 

I have, etc., Julian Pauncefote. 



54 

Mr. Hay to Sir Julian Pauncefote. 

No. 1217.] Department of State, 

Washington, October 5, 1898. 

Excellency: I have the honor to acknowledge the receipt of your 
notes of September 1 and 28, 1898. In the former you refer to the 
death of Malietoa, King of Samoa, and say that Her Majesty's Gov- 
ernment is of the opinion that his successor should be elected strictly 
in accordance with the provisions of Article I of the general act of 
Berlin of June 24, 1889, and that the return of Mataafa and his exiled 
companions should be deferred until after the election. In the latter 
note you repeat this recommendation and ask the views of the Gov- 
ernment of the United States upon the subject. 

The conclusion of the British Government touching the election of 
a successor to the recently deceased king coincides with the views 
expressed in the Department's note of July 18, 1898, No. 1094. 

It is observed, however, that the further suggestion is made in your 
note of September 1 "that the consuls of the three powers should be 
instructed by telegraph to submit suggestions relative to the manner 
of procedure." 

I am disposed to sanction, on the part of the Government of the 
United States, as a wise and perhaps necessary precaution to insure 
the peace of Samoa, that the election of Malietoa's successor should 
precede the return of Mataafa and followers to Samoa. But I fail to 
see with what propriety the consuls of the treaty powers could be 
instructed to " submit suggestions relative to the manner of proce- 
dure." It should be borne in mind, as was pointed out in the Depart- 
ment's note of July 18 last, that the three powers recognize Samoan 
independence and "the free right of the natives to elect their chief or 
king * * * according to their own laws and customs." Again, Article 
I declares, referring to Malietoa, "his successor shall be duly elected 
according to the laws and customs of Samoa." 

It is true the Department is not advised as to the manner and pro- 
cedure to be followed in the election of a new king, under Samoan 
laws and customs, but it fails to comprehend the necessity for tele- 
graphic instruction to the consuls, in the sense of your suggestion, 
since it appears to be a case in which neither power is called upon to 
interfere beyond what may reasonably be done to conserve the peace 
of Samoa, should it be threatened by a failure of the natives to exercise 
their free right to choose their king according to their own laws and 
customs. 

As a matter of interest perhaps it might have been well had the con- 
suls apprised their Governments of the method of native procedure, 
but in all probability the election will have taken place and the result 
thereof, including the manner of procedure, will have been reported 
on by each consul to his Government before such information could 
now be sought and availed of. 

The return of the exiled chiefs is a question to be seriously consid- 
ered. The assent of this Government for their return was given while 
yet Malietoa lived. His death, entailing the election of a successor, 
put an entirely new phase upon the matter. This Government is still 
of opinion that they should be returned to Samoa, but it believes that 



55 

all interests would be best subserved, if it be not now too late, by 
withholding their return until after, a new king has been elected and 
installed. 

In this connection, for convenience, reference is made to the Depart- 
ment's notes of June 25 and July 29, Nos. 1066 and 1110, respectively, 
respecting the return of these exiled chiefs. This correspondence was 
promptly brought to the attention of the consul-general of the United 
States at Apia and two dispatches from Mr. Luther W. Osborn, No. 
50 of August 9 and No. 55 of August 31, 1898, treat of this subject. 

In the first dispatch he remarks that his colleagues have not received 
instructions as full as his own, but that the Imperial German consul 
was in daily expectation of receiving his, and that consequently a joint 
meeting was temporarily deferred. Mr. Osborn says: 

Neither consul has any definite instructions as to the return of the chiefs who are 
in exile with Mataafa though it is presumed that Her Majesty's Government con- 
sented and that we will be advised by the next mail. Instruction No. 46 was written 
July 8, which was probably the latest date on which a communication would have 
reached me by the July boat. 

At that time I believe that the British ambassador had cabled to his Government, 
but no answer had been received. We have thought best that we should take no 
action before receiving advices that all concur in consenting to the return of all. In 
that event whatever boat is sent to Jaluit can take the protocols, and if properly 
signed and agreed to by Mataafa and the other chiefs, the same boat can bring them 
to Samoa and thus make but a single trip, and this is desirable, as the distance is 
great. 

At that date the only vessel at Samoa was the German Bussard. It 
was not, however, thought prudent to dispatch her for the exiles in 
view of the precarious condition of the late King's health. Again, 
Mr. Osborn writes: 

In view of the possible death of Malietoa, we are somewhat interested in the 
question of the selection of his successor. 

It was agreed to-night that we would meet soon in consultation with the chief 
justice and endeavor to decide what action should be taken by the consuls in the 
matter, should any action become necessary. 

In the second dispatch Mr. Osborn refers to the fact that the three 
powers, while agreeing to the return of these chiefs, had not decided 
as to the means to be adopted to that end. Mr. Osborn adds: 

By the last mail from San Francisco the German consul-general received tele- 
graphic instructions that it was agreed that the Bussard should at once proceed to 
the Marshall Islands and return the exiles, provided they should sign the protocols 
as to future conduct, substantially as heretofore agreed" upon by the powers. As 
these exiles are in German territory. I suppose this arrangement to be the only one 
that could be made. Owing to the death of Malietoa the protocols had to be 
changed or modified to conform to changed conditions, and this was accordingly 
done by the agreement of all parties, and I send herewith, as inclosurel, the protocol 
designed for Mataafa and, as No. 2, the protocol prepared for the other chiefs. 

The Bussard started for the islands at 8.30 on August 29, and it is supposed that 
it will return in about twenty-five days, as the distance is about 1,600 miles, and the 
Bussard is not expected to make more than 200 miles per day. We have arranged 
that the Bussard shall deliver the exiles at Mulinuu, as there would otherwise be 
contention as to what consular boat should deliver them, and under what flag. The 
consuls and the chief justice will then receive them on shore at Mulinuu — also the 
president. 

This is a peculiar country, existing under peculiar conditions, and the utmost care 
must be taken to avoid friction. 

This we shall seek to avoid. By first mail after the arrival I will make full report. 



56 

These extracts give the Department the latest and most authentic 
information on the subject. It may be too late to prevent the return 
of these chiefs, but I am willing to telegraph Mr. Osborn as follows: 

Unless exiled chiefs have been returned Samoa, join your colleagues in preventing 
their landing until after election new king. 

Awaiting your pleasure before taking further action on the subject, 
I have, etc., 

John Hay. 



Sir Julian Pauncefote to Mr. Hay. 

British Embassy, 

Washington, January 9, 1899. 

Sir: Count Castell, the German charge d'affaires in London, has 
communicated to the Marquis of Salisbury a report from the German 
consul-general at Apia with reference to the election of a king in Samoa. 
The consul-general recommends the issue of identic instructions to the 
consuls of the three treaty powers directing them to keep in view in 
all circumstances the preservation of peace, and, if necessary, to make 
joint proposals for the settlement of the political situation in case it 
should be found impossible to carry out the election of the new king 
in accordance with the provisions of the Berlin final act. 

The German Government have expressed their opinion that such 
instructions would tend to the preservation of peace. 

Lord Salisbury has replied, stating that Her Majesty's Government 
concur in the proposal made by the German Government. 

I am directed by Lord Salisbury to communicate the above for the 
information of your Government. 

I have, etc. Julian Pauncefote. 



Mr. Hay to Sir Julian Pauncefote. 

No. 1307.] Department of State, 

Washington, January 10, 1899. 
Excellency: I have the honor to acknowledge the receipt of your 
note of the 9th instant, embod} T ing the substance of a report from the 
German consul-general at Apia with reference to the election of a 
Samoan king. You add: 

The consul-general recommends the issue of identic instructions to the consuls of 
the three treaty powers directing them to keep in view in all circumstances the 
preservation of peace, and, if necessary, to make joint proposals for the settlement 
of the political situation in case it should be found impossible to carry out the elec- 
tion of the new king in accordance with the provisions of the Berlin final act. 

You say that the German Government has expressed its opinion that 
such instructions would tend to the preservation of peace and that 
Lord Salisbury has replied that the German proposal was concurred in 
by Her Majesty's Government. 

In a memorandum from the German charge d'affaires ad interim of 
December 14, 1898, substantially the same proposal was made and the 
views of this Government invited. 

In my reply of January 10, 1899, I have said, regarding this propo- 
sition, that the consul-general of the United States at Apia was fully 



57 

cognizant of the desire of his Government that peace and prosperity 
should prevail in Samoa. I added: 

Acting under the general instructions given him, I am sure that Mr. Osborn will 
omit no reasonable opportunity to manifest his interest or to assist his colleagues in 
furthering so desirable an end, so far as this can properly be done. 

If, however, by "joint proposals in the interest of the political situation" — since 
that is a broad and general designation as applied to the Samoan Islands or to any 
other sovereignty — is meant that Mr. Osborn should be instructed to join with his 
colleagues in matters touching the election of a king, I must say that this can not be 
assented to. The view of this Department on this subject are contained in its note 
of December 29, 1898, No. 164, and so far no reason is perceived making it necessary 
to depart therefrom. Moreover, the latest intelligence the Department possesses on 
this point is that, after fruitless attempts to elect a king according to Samoan laws 
and customs, the matter has been referred to the chief justice pursuant to Article 
III, section 6, of the Berlin general act, which says: 

"In case any question shall hereafter arise in Samoa respecting the rightful election 
or appointment of king or of any other chief claiming authority over the islands, or 
respecting the validity of the powers which the king or any chief may claim in the 
exercise of his office, such question shall not lead to war, but shall be presented for 
decision to the chief justice of Samoa, who shall decide it in writing, conformably 
to the provisions of this act and to the laws and customs of Samoa not in conflict 
therewith; and the signatory Governments w T ill accept and abide by such decision." 

In this connection I desire to refer to the Department's note to you 
of July 18, 1898, No. 1094, wherein the views of this Government 
were expressed touching the election of a king. 

In conclusion, I assure you that this Government is equally inter- 
ested with that of Great Britain and Germany in seeing that peace is 
maintained in Samoa and that the election of a king shall proceed in 
accordance with the laws and customs of the country, or, in case of 
failure thereof, that the reference of the issues involved to the chief 
justice shall be had under the provisions of the Berlin final act. 
Further than this the Government of the United States does not feel 
that it would be justified in going, and, moreover, believes that any 
undue influence or assertion of authority on the part of the consular 
representatives at Apia would be violative of the treaty, and instead 
of composing the differences, if any, that exist at present in Samoa 
growing out of the efforts to elect a king, might aggravate them. It 
holds that the three Governments should maintain an absolutely 
impartial attitude, confining their efforts, through their respective 
consuls at Apia, to the maintenance of peace and good order and the 
protection of the lives and property of their nationals from ai^ dis- 
turbances that might unfortunately arise during the efforts put for- 
ward by the various factions for the election of a king. 

I have, etc. , John Hay. 



The Marquis of Salisbury to Sir Julian Pauncefote. 

[Telegram.] 

British Embassy, 
Washington, March 4, 1899. 
Article 5, Section V, of general act for government of Samoan Islands. 
German Government suggest that, in the event of any doubt arising as to the com- 
petency of the provisional (?) government of Samoa under this section, the new 
president should, as a preliminary arrangement, be appointed by the consuls of the 
powers without the cooperation of the Samoan authorities. 
Please ascertain if the United States Government concur. 



58 
Sir Julian Pauncefote to Mr. Hay. 

[Telegram from Consul Maxse, Apia, to Lord Salisbury, March 7, 1899.] 

British Embassy, March 17, 1899. 

U. S. S. Philadelphia arrived March 6. Forces are being assembled 
~bj Mataafa faction, who are intimidating" certain Malieto chiefs with 
a view to compel them to join. 

The German consul-general has declined to join the United States 
and British consular representatives in a proclamation, but has himself 
issued an aggressive one. , 

Agreement impossible owing to action of German consul-general. 



[Handed to Secretary April 13, 1899, being substance of a telegram from Lord Salisbury to Sir Julian 

Pauncefote.] 

In view of the troubles which have recently taken place in Samoa, 
and for the purpose of restoring tranquillity and order therein, the 
three parties to the conference of Berlin have appointed a commission 
to undertake the provisional government of the islands. 

For this purpose they shall exercise authority in the islands. Every 
other person or persons exercising authority therein, whether acting 
under the provisions of the final act of Berlin or otherwise, shall obey 
their orders, and the three powers will instruct their consuls and naval 
officers to render similar obedience. No action taken by the commis- 
sioners in pursuance of the above authority shall be valid unless it is 
assented to by all three commissioners. It will fall within the attribute 
of the commissioners to " consider the provisions which they ma} 7 
think necessary for the future government of the islands, or for the 
modification of the final act of Berlin, and to report to their Govern- 
ments the conclusions to which they ma} 7 come." 

A similar telegram has been sent to Berlin. 



Mr. Ray to Mr. Choate. 

[Telegram.] 

Department of State, 

Washington, April H, 1899. 
Agreement for Samoan commission reached on basis of Lord Salis- 
bury's recent identical telegrams to British ambassadors in Washington 
and Berlin. To be completed by exchange of notes at London. You 
will at once arrange with Lord Salisbury and address him a formal 
note accepting on behalf of the Government of the United States the 
joint agreement in the words of Lord Salisbury's telegrams. 

Hay. 



Mr. Choate to Mr. Hay. 

[Telegram.] 

American Embassy, 

London, April 15, 1899. 
I have accepted joint agreement in terms of British minister for 
foreign affairs telegrams as obtained from the foreign office. 

Choate. 



59 
Mr. Hay to Mr. Tripp. 

Department of State, 

Washington, April 18, 1899. 

Sir: In consequence of the important state of affairs existing at 
present at Apia, the Governments of the United States, Great Britain, 
and Germany, signatories to the Berlin general act concluded June 14, 
1899, have agreed upon a commission to visit the islands for the pur- 
pose of reaching a satisfactory adjustment of the questions that have 
given rise to this unfortunate condition. 

I have the pleasure therefore to inclose your letter of appointment 
as commissioner of the United States to the Samoan Islands, and a 
copy of the Berlin general act, a providing for the autonomous govern- 
ment of those islands. 

In this connection I embody the identic instruction each Govern- 
ment proposes to address to its commissioner, It reads as follows: 

In view of the troubles which have recently taken place in Samoa, and for the 
purpose of restoring tranquillity and order therein, the three powers, parties to the 
conference of Berlin, have appointed a commission to undertake the provisional gov- 
ernment of the islands. 

For this purpose they shall exercise supreme authority in the islands. Every 
other person or persons exercising authority therein, whether acting under the pro- 
visions of the final act of Berlin or otherwise shall obey their orders, and the three 
powers will instruct their .consular and naval officers to render similar obedience. 
No action taken by the commissioners in pursuance of the above authority shall be 
valid unless it is acceded to by all three commissioners. It will fall within the attri- 
butes of the commissioners to consider the provisions which they may think neces- 
sary for the future government of the islands, or for the modification of the final 
act of Berlin, and to report to their Governments the conclusions to which they may 
come. 

Your colleagues will be: On the part of Great Britain, Mr. C. N. E. 
Eliot, C. B., second secretary of the embassy in this city, and, on the 
part of Germany, Freiherr Speck von Sternberg, counselor of lega- 
tion and first secretary of the embassy at Washington. 

The Secretary of the Nav}^ has placed at the disposal of the commis- 
sion the U. S. S. Badger, now fitting out at San Francisco, for the 
purpose of combing it to Samoa and return. The ship will be ready 
to sail from San Francisco by April 25, 1899, at which time it is 
expected yourself and colleagues will arrive there. 

The President leaves to your judgment and discretion, within the 
limits of the identic instruction, the full and complete investigations 
which he regards as necessary to a proper understanding of the situa- 
tion, to the end that a repetition of the regrettable incidents ma} r not 
occur, the exact responsibility may be clearly established, and the 
remedy be applied. The President feels that you realize the impor- 
tance of the trust confided to you, and is confident that, in the exercise 
of the plenary powers you possess, you will give the subject, in all its 
bearings, careful and thoughtful study, so that the report of the com- 
mission may have that value which he confidently expects and which 
the importance of the questions at issue imperatively demands. The 
President particularly enjoins harmony of action, which must needs 
give to the deliberations of the commission added value and weight. 
He desires the questions shall be thoroughly sifted and wishes the facts 

« Printed in Foreign Kelations, 1889, p. 353. 



60 

plainly stated. In other words, the origin and causes of the recent 
occurrences at Apia should be clearly and definitely ascertained. 

* * * * * * ■* 

I am, etc., John Hay. 



Mr. Tripp to Mr. Hay. 

No. 1.] Apia, Samoa, May 18, 1899. 

Sik: I have the honor to inform you that the commission arrived in 
San Francisco on the evening- of April 24, 1899, as was expected when 
we left Washington, and sailed from San Francisco April 26, at 10 
o'clock a. m., for Samoa. We arrived at Honolulu May 3, and having 
taken on a supply of coal, left that port for Apia Ma} T 5, arriving here 
Saturday, May 13, and cast anchor in the harbor about 9 a. rn. After 
the firing of salutes and paying the customary visits the commission 
organized in the afternoon of May 13, 1899, by electing myself as 
chairman and Mr. Morgan as secretary. On Monday, the 15th, we 
secured rooms for sessions of the commission during the day on shore 
and have held daily sessions since that time. 

I have little of progress to report at this time. Our consul has from 
time to time f ully advised you of the rapid succession of events since 
the decision of the Chief Justice in favor of Malietoa Tanu as King, 
and I can add nothing new as a matter of historical interest to that 
which you have already before you. 

Open hostilities have ceased and a kind of armistice now obtains; but 
several thousand of the fighting men of the islands are camped about us. 
The feeling of insecurity on the part of the whites is very acute and the 
strain of nervous tension is almost painful. Mataafa has withdrawn 
behind his improvised fortifications without the boundaries of Apia and 
about 1,000 of the native adherents of Malietoa Tanu, commanded by 
American and English officers, armed with American and English 
rifles, together with detachments of marines from American and Eng- 
lish ships in the harbor, are camped within the town of Apia, patrol 
its streets, and are instructed to repel any attack of Mataafa's men and 
to guard the unprotected property of the people. The feeling exist- 
ing here between American, English, and German officials has extended 
itself to those of English and German nationality in private life. There 
is no apparent disposition toward compromise or concession by those 
who have taken part with or manifested sympathy for the actors in 
this terrible tragedy. Every man, woman and child— white and native — 
seems to have become an adherent of one or the other of these hostile 
factions contending for the empty honor of being crowned a Samoan 
king. This complicates and makes more difficult the work of the com- 
mission. You must not expect too much from its unanimous action. 
I shall use every effort to secure such action as may restore peace, dis- 
band and disarm these savage tribes, and secure for them a simple, 
strong, and stable government in the future, so far as it can be done 
b}^ compromise and concession in matters which will not affect our 
national honor nor offend our national dignity. If more be demanded 
I shall aim to make apparent the responsibility of those who shall 
have defeated the object of the commission by stubborn adherence to 
immaterial technicalities to the sacrifice of diplomatic principle. I am 
studying the question from the standpoint of the native as I have studied 



61 

it on my journe}^ from the standpoint of the nations, and so far I 
must admit I am unable to see upon what ground the decision of the 
chief justice can be overturned even though the reasoning b}^ which 
he came to the conclusion may be open to objection. The jurisdiction 
of the court from whatever standpoint the case be considered is ample 
and undoubted, both of the subject-matter and of the parties. If any 
doubt remained, the express language of the treaty puts it at rest. 
The decision rendered by the supreme court of Samoa, in the exercise 
of undoubted jurisdiction, is unmistakably clear and plain. It is a 
full, complete, and final determination of the issues before the court, 
and though it gave a wrong reason for a decision it was authorized to 
render, such fact even would not avoid or affect the decision itself. 
The proposition is one too elementary to permit of discussion. This 
proposition has not yet been discussed by the commission, but if my 
associates agree with me, as it seems to me they must, the questions 
before us will be simplified and in a measure relieved of the local obsta- 
cles which otherwise would tend to impede our progress. I hope to 
inform you in my next that by eas} 7 stages the commission has arrived 
at this conclusion, and that the results which should naturally flow 
from such decision have been attained, modified only by such immate- 
rial concessions as must be made to unanimity and to national dignit}^. 
The task you have set me is a delicate as well as a difficult one, and I 
trust my success or failure will be measured by the force and charac- 
ter of the opposition I have had to meet or overcome. I hope to write 
you more definitely in my next. 

I have, etc., Barteett Tripp. 

Mr. Tripp to Mr. Hay. 

No. 2.] Apia, Samoa, May 19, 1899. 

Sir: I have the honor to submit herewith letters received from 
Malietoa Tanumafili and also from Mataafa, together with our replies. 

We have arranged to receive Malietoa Tanumafili this afternoon and 
Mataafa to-morrow morning on board the Badger, together with their 
head chiefs and talking men. We shall hear what each party has to 
say, advise them fully of our powers, and inform them that the} 7 must 
disband, return to their homes, and await the further action of the 
commission. 

* * * # ■* * * 

All is now quiet and the status quo is expected to be maintained 
until the definite action of the commission. 

I am getting off this dispatch hurriedly just as the mail is closing, 
and beg, etc. 

Bartlett Tripp. 



[Inclosure 1.] 

Mataafa to the Commission. 

The Provisional Government of Samoa, 

Malie, May 12, 1899. 
Your Excellencies: We offer your excellencies our great respect and our thanks. 
We offer you in this letter our welcome, with the heart full of joy at our now 
meeting. 



62 

We are the provisional government, established by the three consular representa- 
tives of the three great signatory powers. 

(1) We express to you our great joy and thanks that you come to Samoa on so 
high a mission. Thanks for your coming, and we know certainly that you will do 
what is just with goodness and love to our country. We hope greatly in your good 
will and help to those who are known to have the authority of the Tanua and Pule 
in this our own country according to Samoan customs. 

Thanks for your safe journey over the great sea with its contrary winds and great 
distance. 

(2) We know for certain that you greatly desire the happiness and peace of Samoa. 
Therefore we now appeal to you as follows, if it is according to the desire of your 
excellencies: To disperse the army at Mulinuu, and take away all the arms that 
were distributed to them by the whites. Then we promise to' quickly dismiss our 
soldiers. 

(3) We appeal to you with respect, if it is according to your desire: To allow us r 
if possible, to go to Apia to interview our lawyers, who shall arrive in Apia next 
week. We promise you now that we ourselves will advise the peace of Samoa. 

In our sincerity we sign our hand below. 
We are your beloved friends, 

Mataafa and the 13 chiefs of Tanua and Pule. 



[Inclosure 2.] 

The Commission to Mataafa. 

Apia, May 15, 1899. 

Sir: Your letter of the 12th has been received. The great powers have learned 
with regret that the Samoan people have been unable to agree upon a king; and they 
have been shocked at the atrocities which have followed this disagreement. The 
three powers are agreed that peace should be established, the war ended, and all 
Samoan s return peaceably to their homes. 

They have sent us to take over the government of these islands now, and to pre- 
pare for Samoa a strong and stable government for the future. 

We shall be glad to receive you and to speak with you further about these and 
other matters, and we therefore invite you to call on us on board our vessel, the 
Badger. 

We desire you to inform us when you will come to Apia in order that we may 
make arrangements for your safe journey. 

We are, sir, yours faithfully, [Signed by each commissioner.] 



[Inclosure 3. J 

Mataafa to the Commission. 

Malie, May 17, 1899. 
Your Excellencies: We have received your letter of the 15th instant. 
We thank you that we have been informed of your power to protect and do away 
with the difficulties which have grown in Samoa and to put right the rule for this 
country and to establish a good and strong government. 
I agree to your excellencies with great respect. 

I shall come to Apia with four high Faipules and the secretary, w T e will meet you 
on board of your ship {Badger). On Saturday (May 20) we will be here. 

We hope to your protection that we will be safe on our way to here and on the 
return. 

We are your true friends, 

Mataafa and the 13 Chiefs of Tanua and Pule. 



63 

[Inclosure 4,] 

Mataafa to the Commission. 

Malie, May 18, 1899. 
Your Excellencies: Kindly excuse us. We ask the following permission with 
respect: Could you meet us with some boats, offering us your protection that our 
journey to Apia may be safe, because we do not wish any trouble to arise again 
between ourselves and Samoans who are in Mulinuu. 

We shall leave Malie at 7 o'clock in the morning and desire to arrive on board the 
Badger at 9 or 10 o'clock. 
We are, with respect, your sincere friends, 

Mataafa and the 13 Chiefs of Tanua and Pule. 



[Inclosure 5.] 

The Commission to Mataafa. 

Apia, May 19, 1899. 
Sir: We have received your letters of the 17th and 18th of this month, in which 
you inform us that you will call on us with four high chiefs and a secretary on Satur- 
day next on board our ship the Badger. 

We shall be pleased to receive you at 9 o'clock in the morning. Three men of 
war boats of the three powers, each bearing its flag, will arrive at Malie at 7 o'clock 
to escort you to our ship and bring you back. 

We are, sir, yours faithfully,' [Signed by each commissioner.] 



[Inclosure 6.] 
Malietoa to the Commission. 

Government House, Mulinuu, May 15, 1899. 
Your Excellencies, greeting: 

We, the king and government of Samoa, are greatly rejoiced that you, the three 
high chiefs representing the great powers who framed the treaty of friendship at 
Berlin in 1889; that treaty has been the foundation of all administration of Samoa 
for many years; the rule also of Samoa is under that treaty. 
'We trust sincerely and hope that your sojourn in Samoa will be pleasant and suc- 
cessful. Anything we can do on behalf of the government of Samoa we will do in 
order that all the desires of you and your great Governments shall be accomplished; 
we will perform all things righteously. We trusted in days past in the treaty of 
friendship; we still obey all provisions of that treaty. Our desire is that we continue 
to act as in the past. We will obey all things the great powers shall determine. 

We hope that the protection of the great powers will remain over this country. 

Let all matters which are prepared for Samoa according to the great powers be 
successful. 

With the utmost respect toward your Government we are very thankful on account 
of the friendship with Samoa. 

By the full desire of the Government of Samoa the hand of His Majesty the King 
of Samoa is subscribed now, and the great seal of the King is affixed to it. 

[seal.] Malietoa Tanumafili. 



[Inclosure 7.] 

The Commission to Malietoa. 

Apia, May 17, 1899. 
Sir: We were glad to receive your letter of the 15th instant, and we take note with 
great satisfaction of your declaration that you and your government will obey in all 
things the desires of the three powers and of the commission. 

The powers have learned with regret that the Samoan people have been unable to 
agree upon a king, and they have been shocked at the atrocities which have followed 



64 

this disagreement. The three powers are agreed that peace should be established, 
the war ended, and all Samoans return peaceably to their homes. 

They have sent us to take over the government of these islands now, and to pre- 
pare for Samoa a strong and stable government for the future. 

Having only newly arrived we wish to acquaint ourselves with the condition of 
these islands before taking any action, and we hereby desire you to inform your 
people of this, to enjoin them to keep quiet and refrain from all hostilities pending 
the decisions of the commission. 

In a very short time it is our intention to request you to confer with us as to the 
measures best adopted for ending war and assuring the tranquillity of Samoa. 
We are, sir, yours faithfully, 

[Signed by each commissioner.] 



Mr. Tripp to Mr. Hay. 

No. 3.] Apia, Samoa, May 21, 1899. 

Sir: I have the honor to inform you that in accordance with the 
correspondence between this commission and the high chiefs Malietoa 
Lanu and Mataafa, we received them on board our vessel, the Badger, 
Malietoa Tanu on Friday afternoon and Mataafa yesterday forenoon, 
each being accompanied by six of his principal chiefs and interpreters. 
The interview in each case was most satisfactoiy. We explained to 
each of them that the great powers had heard with much regret that 
the Samoans had failed to agree as to who should be their king to suc- 
ceed Malietoa Leufiefa and had gone to war with each other, destroying 
life and property, until the war ships, sent here for their protection, 
were obliged to fire upon them to restore peace; that the great powers 
(great voices, as the} T call the three great powers) had sent the 
commission to inquire into the cause of this conduct on the part of 
the Samoans, to restore to each of the islands and to give them in 
future a strong government which should prevent the recurrence of 
such condition of things; that the powers were united in this and 
would enforce the action of the commission with the guns of the great 
war ships in the harbor, and, if necessary, would send others hither 
for that purpose. And we asked them to tell us frankly and freely 
why they were in arms, what they desired, and whether they would in 
all things obey the commands of the commission; that the commission 
deemed it necessary, in order to prevent further bloodshed and destruc- 
tion of property, that all Samoans should give up their arms, disband 
their armies, and return at once to their homes and await the decision 
of the commission as to who should be their king and what form of 
government it would adopt. 

Both Malietoa Tanu and Mataafa, together with the chiefs present, 
assented to these propositions with promptness and apparent willing- 
ness. Mataafa especially was profuse in his declaration of allegiance 
to the great voices. He said that while his soldiers — the soldiers of 
Mataafa — owned their arms, and had bought them with their own 
mone} 7 , and while the}^ did not belong to the great powers as did the 
arms now in the hands of Malietoa Tanu, yet if the great nations of 
Germany, the United States, and Great Britain believed it right and 
necessary to demand them in the interest of peace and good govern- 
ment they would obey. The commission replied that the great powers 
would never deprive any man of his property unnecessarily nor with- 
out just compensation; that if the}^ would voluntarily surrender their 



65 

arms and ammunition to the commission a detachment of soldiers 
would be sent to receive them, and when peace was restored and a 
good government established the arms should be returned to them, or 
they should be paid for both arms and ammunition at their full value. 
This seemed to please them, and all the chiefs present promised that 
they would do so at once. 

The commission then told them that it would be best for them to call 
a meeting of their chiefs — a u fono" as they say — and submit to it what 
the commission required, so that there might be no misunderstanding 
nor disobedience on trie part of airy chiefs on the adjoining islands. 
Mataafa went away promising to send for all chiefs not already in his 
camp, to teil them what the commission had said, and to give the com- 
mission an early answer as to disbanding and delivering arms. The 
force of Malietoa Tanu is armed with guns belonging to England and 
the United States, and their disarmament, when necessaiy, will be a 
matter of form. 

The commission also asked both Malietoa Tanu and Mataafa if they 
and each of them would submit to and acknowledge as their king either 
Malietoa Tanu, Mataafa, or any other chief that might be selected Ijy 
the commission, and each of them, as well as their chiefs present, prom- 
ised that they would do so. All of these chiefs were profuse in their 
words of submission and of gratitude, that the great voices had sent 
the commission to make peace, and they assured us again and again 
that they would obey every command of the united powers. 

We are all much gratified with the result of these two interviews, 
the more so on account of the fact that we had been previously 
informed by those best acquainted with Samoan character, including 
missionaries and others who have been man}^ years among them, they 
would never consent to deliver up their arms. The spirit of apparent 
confidence in the great powers and willingness to obey any requests of 
the commission sent to them also gave us great satisfaction, especially 
as every one tells us that they will keep all promises made. We take 
these statements with many grains of allowance and congratulate our- 
selves that we have made more rapid advances toward a peaceful settle- 
ment of these matters than those better experienced here gave us hope 
of so soon accomplishing. We expect within the next week to receive 
favorable answers from both these opposing factions and immediately 
to follow up the advantage gained b}^ progressive results. These 
people are far from being savages. They are splendid specimens of 
physical manhood and all are well informed about matters of general 
information. They are nearly all Christians and very devout in their 
attachment to their church and religion. They have a very high 
appreciation of the power and civilization of the white nations but are 
slow to adapt themselves thereto. The climate makes them sluggish 
and content with what nature has supplied, while their love and fear 
of the whites lead them to rely upon and submit to what is required 
without inquiry or complaint. 

The Philadelphia, which is just leaving for Honolulu, kindly con- 
sents to take this dispatch, and I must close with a promise to advise 
you at every opportunity of the progress made. 
I have, etc. , 

Bartlett Tripp, 
tut 5 



66 
Mr. Tripp to Mr. Hay. 

No. 4.] Apia, Samoa, June 16, 1899. 

Sir: A little more than a month has elapsed since we dropped anchor 
in this beautiful harbor. It was then filled with the war ships of the 
three great powers: Three on the part of great Britain, one German, 
and tAvo American, including the Philadelphia and the collier Brutus. 
On the shore soldiers were seen marching and flags of the different 
nationalities flying from the flagstaff's erected %t each prominent point 
along the coast and over the plantations adjoining the municipality of 
Apia. Several hundred marines from the ships had been stationed for 
several weeks at the points of danger. About 700 natives, armed with 
British rifles and drilled by British officers, had been mustered into 
service for the defense of Apia, while over 2,000 other natives, adher- 
ents of Malietoa Tanu, were occupying the outposts of defense about 
the town. At a few miles to the west aud east the native forces of 
Mataafa, about 3,000 in number, were resting on their arms behind 
improvised fortifications, leaving between themselves and the hostile 
forces of Tanu a neutral zone during the armistice agreed upon between 
them and pending the arrival of the commission. The country sur- 
rounding Apia indeed had much the appearance of a battlefield at the 
time of our arrival. The shells from the war vessels, fired to dis- 
lodge the forces of Mataafa, had left their marks upon the houses and 
plantations surrounding the tow r n and within a radius of 3 miles from 
the inner harbor, while the lawless acts of looting and foraging parties 
from either camp had left behind them a scene of devastation and 
desolation which always succeeds the invasion of armed forces of 
savage or civilized men. Great tensity of feeling existed on the part 
of the white population and the sympathy existing seemed to be about 
equally divided in favor of the success of Tanu and Mataafa as the 
rightful claimant to the empty honor of king. 

The arrival of the commission, while awaited with some anxiety, was 
not looked forward to with confidence or satisfaction. The adherents 
of Mataafa did not believe. that anything substantial would result from 
their visit, and the adherents of Tanu looked upon the commission as 
inopportunely interfering with their planned and expected victory 
over the forces of Mataafa. The commission therefore entered upon 
the work with neither the confidence nor the good wishes of the people 
it was sent to aid and protect. It set to w T ork, however, w T ith a deter- 
mined will to restore peace and order and to try to improve the present 
and future condition of the native and foreigner here. They immedi- 
ately opened rooms in the town accessible to the people and called 
before them all persons of long residence and experience in these 
islands and advised with them as to the government of the past, the 
cause of the past rebellion against their native chiefs, and obtained 
from them such views as they might have found in reference to the 
kind of government best adapted to the character and capacity of the 
people. The commission were particularly anxious and determined 
first to disarm the forces surrounding the town, and they directed their 
inquiries as to the best method of accomplishing this result. They 
consulted the missionaries, many of whom had been here more than 
twenty years, merchants whoso business life had been spent in Apia, 
government officers of all grades whose official relations brought them 
more or less in contact with the native themselves, and naval officers 



67 

who had become acquainted with native character by the unfortunate 
experience of actual war, and without a dissenting voice the commis- 
sion was told that disbanding was possible but disarmament impossi- 
ble; that next to his cause the native loved his gun; that he would sur- 
render it neither by persuasion nor by force; he would bury it, throw 
it into the sea, and if need be destroy it, but never surrender it; that 
disarmament had been repeatedly tried and had resulted only in the 
surrender of a few worthless guns which were soon replaced b} T others 
of modern manufacture and more effective use. 

Notwithstanding these discouraging views the commission continued 
the correspondence with Mataafa, copies of which up to May 18 were 
sent you in my last, and on May 19 they received Tanu and his chiefs on 
board the Badger, informed him that they had come to restore peace 
and tranquillity to the islands, and that this, in their judgment, could 
not be done without a complete disarmament of all the natives and their 
immediate disbanding and return to their homes; that the commission 
would not take up the question of kingship till this was done. After 
a long interview (fono as they call it) Tanu and his chiefs promised to 
do so if the disarmament was made general, which the commission told 
them would be done. On Wednesday, May 20, the commission 
received Mataafa and his chiefs in the same way on board the Badger, 
told them what the commission had said to Tanu, reminded Mataafa of 
his promise on his return from Jaluit not to interere with the politics 
of the islands; that he had not kept his promise, and that the great 
powers now expected that he would use his influence to obtain a dis- 
armament of every native under his control; that the commission had 
determined to use all force at their command to accomplish this result; 
that the harbor was full of war vessels of the great powers, others 
were coming, and the}^ could summon whatever force was necessary 
to produce this result; that the great powers were acting only for the 
best interests of Samoans; that they had tried to let Samoans govern 
themselves and select their own king, but they would not agree, had 
gone to war, killed each other, killed and mutilated brave white officers 
and soldiers, and put in danger the lives and liberty of all; that this 
must cease, and the surest and quickest way to have it cease was to 
have them give up their arms at once and prove to the great powers 
that they wanted peace, and that as soon as peace was restored the 
commission would give them a provisional government and provide a 
permanent government for the future. The commission said much 
more to the same effect, all of which was oral and said to them through 
an interpreter. Mataafa then replied that his people were tired of 
war; that they wanted peace; that he believed the commission had 
come to give them peace, and that he and his chiefs would obey what 
the great powers told them; that if the commission thought it neces- 
sary, in order to restore peace, that the people should give up their 
arms they would do so, but that the arms belonged to the natives them- 
selves, not to the great governments as did many of the guns of Tanu; 
that his people were poor and had paid much money for these guns, 
and he thought the great governments ought not to take away- the 
property of his people without compensation. I then told him on 
behalf of the commission that the great powers did not wish to take 
the property without paying for it; that it was peace, not their prop- 
er^, that the great powers wanted, and that if they would immediately 
give up their guns and ammunition they should be kept until peace 



68 

was restored and they should then be restored to them or a fair com- 
pensation made therefor; that this offer would be held open until June 
20, proximo, but that after that date all arms found in the hands of 
natives would be confiscated and the persons in possession thereof 
severely punished. Mataafa, after consultation with his chiefs, said 
the words of the great powers were honest and fair and they would 
obey, and would send the commission word when and where the guns 
and ammunition would be given up. I then told him that the com- 
mission believed what he told them, but they feared some bad men 
would keep back their guns, and that some chiefs who were not there 
then might not consent to what he (Mataafa) had promised. The com- 
mission therefore advised that he (Mataafa) call a great fono, or meet- 
ing, of all the chiefs, tell them what the commission had told him, and 
if they all agreed to what he (Mataafa) had promised, then to send 
word to the commission when and where they would deliver up their 
arms and the commission would come with their ship, receive the arms, 
and give to the great chiefs receipts for the same. This pleased them 
and they left with the promise to hold their fono and inform us at 
once of the result. Several letters were subsequently received — copies 
of which are herewith inclosed— by which Wednesda3 T , the 31st instant, 
and Malua were fixed as the time and place for delivery of the arms. 
On the 31st of Ma}^ we proceeded on board the Badger to a point 
opposite Malua, where we found native boats about thirty in number 
containing about one thousand natives and high chiefs with some 1,830 
rifles and a small amount of ammunition awaiting us. Mataafa and 
his 13 high chiefs came on board and announced that they had col- 
lected the bulk of all the guns of his people and now brought them to 
the commission; that some of his people had gone to the distant islands 
with their guns but that these would be subsequently obtained and sur- 
rendered. We received and receipted for the arms, thanked the chiefs 
and admonished 'them to immediately return to their homes and to 
make peace with those who had been adherents of Tanu and against 
whom the}^ had been waging war. They left us apparently very happy 
and we returned to Apia where we commenced the same night the dis- 
armament of the forces of Tanu. This was continued on Thursda} T , 
June 1, until all were disarmed. The British rifles, except 100 which 
we retained as a precaution in the hands of the native police for a few 
days, were returned to the British ships and the native guns were 
receipted for to the chiefs as in the case of Mataafa. We obtained 
from the Tanu forces, exclusive of the British rifles, about fourteen 
hundred guns, and since the disarmament every chay guns and ammuni- 
tion have come straggling in from both the Mataafa and Malietoa 
factions, so that now we have on board in all at this date about three 
thousand five hundred guns, a small amount of ammunition, as well as 
some miscellaneous weapons of defense, and it will be necessary for 
the treaty powers to take some early action as to the disposition of the 
guns in accordance with the promise of the commission. They are not 
very valuable, and it would be better in my judgment to have them 
appraised and destro} T ed or packed away than to have them ever again 
returned to the natives. Eveiwbodj 7 , of course, including ourselves, 
was much gratified and somewhat surprised at the fortunate result of 
our experiment. It was not of course a total, but substantial, disarm- 
ament. It is estimated that perhaps 500 guns are yet in the hands of 
natives and some of these we may never get, but we hope before the 



69 

20th of June arrives to have obtained the larger part of the guns still 
remaining in their hands. I sent you with great pleasure on the 31st 
ultimo by the Auckland steamer, which kindly waited a few hours to 
learn the result of the Mataafa disarmament, the following cablegram: 

" Mataafa disarmed. Over 1,800 guns surrendered," which 1 pre- 
sume you received in due time. 

Immediately after the disarmament we set to work to restore the 
civil government of Apia and Samoa and get the people out from under 
military rule, of which everyone had become extremely tired. We 
issued at once a proclamation as to surrender of arms yet remaining in 
the hands of natives, a copy of which is herewith inclosed. We gradu- 
ally directed the officers of the ship to withdraw sentinels from the 
public streets, called a city election in the West Ward of the city in 
which the offices of councillors was vacant, and then commenced con- 
sideration of some of the difficult questions involved in our mission. 
Without going into details of discussion it will suffice to say that after 
long discussion and in a fair spirit of compromise the commission was 
unanimous in their conclusion that the decision of the chief justice 
declaring Malietoa Tanu king, was valid and binding upon the com- 
mission, and that we must so recognize him. But we further came to 
the conclusion, after much discussion and many interviews with busi- 
ness men, missionaries, and natives themselves, that no permanent 
government could be maintained with an elective king. The title itself 
is of recent origin, the grandfather of Tanu being, in fact, the first 
chief crowned and anointed king. Every election or appointment of 
king has been followed b} r a revolution. A number of chiefs have 
always been in rebellion against the reigning king. It is at best a mere 
bauble, of value only as a prize for competition. It was believed that 
the succession had been provided for and could always be determined 
by the decision of the chief justice, but the history of that now former 
trial shows that it is always possible under the " laws and customs of 
Samoa" — according to which the king must be elected — to elect two or 
more kings at the same time, so that the decision of the court is no 
safeguarded against rebellion. The Samoans recognize no fixed prin- 
ciples of heredity; might, at last, determines not only the right of suc- 
cession but the maintenance of it. I shall go into this question more 
at length in my final report accompanying the form of government, 
but for the present will only say the commission are quite unanimously 
of the opinion that if a tripartite government can be sustained here at 
all it can only be through a strong central government so guarded by 
checks and balances as to remove it from the petty intrigues that arise 
from international jealousies w T hich are always developing under the 
reign of a weak native king. Having reached this conclusion we took 
occasion to have the new king informed of our views as to the per- 
manent government we should recommend to the great powers. He 
thereupon asked an interview and orally said to us that if the kingship 
was to be abolished under the permanent government it would please 
him better, since he was anxious to resume his studies at school, if we 
would accept his resignation at once. We informed him that he could 
advise with his friends and chiefs and address us further in writing, 
which he subsequently did. A copy of his letter and of our reply being 
herewith inclosed. We therefore issued a proclamation, a copy of 
which is herewith inclosed, announcing our decision sustaining the 
decision of the chief justice, the resignation of the king, and investing 



70 

the consuls of the three powers provisionally with the official duties of 
the king, continuing the office and duties of the chief justice and install- 
ing Dr. Solf as president of the municipal council until the further 
order of the commission, which facts I announced briefly to you in my 
cablegram from here of the 12th instant, as follows: 

"Provisional government established; Tanu resigns; kingship abol- 
ished; commission sustains decision;" which I presume was received in 
due time. 

The provisional government has now been in force for some days 
and seems to be working smoothly. Great Britain has recalled her 
consul, Mr. Maxse, and Germany has recalled Mr. Rose, which is 
undoubtedly wise, since all of the officials here, more or less, have taken 
sides in the bitter personal and political matters which have formed a 
part of the recent unfortunate history of Samoa. Mr. Maxse's place 
will be supplied from the colonies and the vice-consul, Mr. Grunons, 
will act as German consul-general for the present. It is our purpose 
to preserve the best parts of the Berlin treaty, to have a governor or 
president sent here to take the place of the king, with a council having 
some legislative power so as to make the government somewhat more 
elastic than at present; to separate the municipality from the general 
government, making it purely local, and to give to the natives in their 
own districts the power of local self-government according to Samoan 
laws and customs. The Samoan makes a good chief, but is not broad 
enough to extend himself over numerous tribes and districts as king. 
It is believed here that this plan, when elaborated, will work harmo- 
niously, and in theory it is even now popular with the natives. They 
say, " We want chief, no king." The question of kingship, in fact, 
seems to be popular only with those families who deem themselves 
eligible thereto. When we get our plan of government perfected we 
shall submit it to a great fono or meeting of the leading chiefs for 
their approval before we present it to our own governments. 

We hope to be able to perfect the draft and to be prepared to 
submit it to the people here in time to leave for home early in July, 
proximo. 

Everything is now peaceable and quiet in the islands. The chiefs and 
warriors have returned to their homes. The smoke is now seen ascend- 
ing from the native cabins and plantations in every portion of the 
islands. The war song is discontinued, the war camp abandoned, and 
the happy, joyous nature of this unrevengeful people manifests itself 
in the ready forgiveness of their enemies and their glad welcome of 
returning peace. 

I hope this will last until we can get the permanent government in 
force. They are amiable, confiding people. The} 7 still trust the white 
man, who has so often deceived them. They admire greatness and 
strength. They trust the white man because he is great and strong. 
One government could control them without murmur or complaint. 
Three may do so while unit} 7 exists, for the weakness of a tripartite 
government does not consist in its form but in its administration. The 
fever of international strife prevalent with the white people of Apia 
has spread into official life and become epidemic with the natives them- 
selves. I shall dwell more at length upon these questions in my final 
report. I may say, however, in confidence that I have not an abiding 
faith in a government by three great powers over a people of a com- 
posite origin. It was Napoleon, I believe, who said, when it was desired 
to associate Kellermann with him in command of the army, ''Better 



71 

one bad general than two good ones," and I fear the rule applies with 
too much force in the government by three great powers. As every- 
one can but believe that such a government must be temporary in 
character, it is to be hoped that an opportunity niay soon be afforded 
us by which we can retire from this entangling alliance and reserve to 
ourselves the benefit of our original treaty with the Samoan Govern- 
ment. I shall visit Pago Pago next week and shall give you my fur- 
ther impressions of the harbor and of the islands outside of Upolu and 
Apia. The engineer and men are here for the construction of a wharf 
and coal sheds at Pago Pago and were taken there by the collier Brutus, 
they having arrived on the mail steamer from San Francisco and their 
vessel with supplies not having yet reached this port. 

I inclose herewith concluding correspondence with High Chief Tanu 
and Mataafa and copies of proclamations to which I have already made 
reference. You will find also inclosed a photograph, a taken at the 
time of the disarmament of Mataafa, showing a portion of the native 
boats delivering their guns on board the Badger, also a clipping a from 
the Herald, the only newspaper in Samoa, just issued, commenting 
upon the work of the commission. 

Should anything important further occur, I will cable you when the 
next steamer goes to Auckland, about June 30, instant, otherwise 
you will perhaps hear nothing further from me until my return to 
America. Any communications you desire to make will intercept me 
at Honolulu, in care of our consul, or at San Francisco at the Palace 
Hotel. 

I remain, etc., Bartlett Tripp. 



[Inclosure 1.— Translation.] 

Mataafa to the commission. 

Malie, May 26, 1899. 
Gentlemen: We have the honor to state to your excellencies that our fono ended 
as we declared it would do at our first meeting. 

We accept entirely the provision respecting arms and ammunition. The guns at 
present with us here we will deliver up to be dealt with by you. Some men have 
handed over guns to their relations who have taken them away, they having heard 
that the war was ended through your arrival in Samoa. We are ordering all such 
persons to deliver up all such guns. The guns in hand will be delivered up first; 
the remaining guns will be delivered up when they are collected together. We have 
confidence in your promise that the arms will not be distributed to any persons. 
We are, with respect, 

Mataafa and 13 Chiefs of Tunua and Pule. 



[Inclosure 2.] 

The commission to Mataafa. 

Apia,' May 26, 1899. 
Gentlemen: We have received your letter handed to us by your secretary. The 
three high commissioners are much gratified by your reply, in which you promise to 
hand over your arms to the three great powers. We will keep them and either 
return them to their owners or pay for them. All troops of Malietoa will be dis- 
armed on the same day under similar circumstances. 

It is the intention of the three high commissioners to attend the total disarmament 
of your troops in person. Your secretary has named Tuesday, May 30, but if possi- 
ble we should prefer Monday. The three high commissioners will come by boat, 
accompanied by an escort of the three powers. 
We are, gentlemen, yours, faithfully, 

[Signed by the three commissioners.] 

a Not printed. 



72 

[Inclosure 3.— Translation.] 

Mataafa to the commission. 

Malie, May 27, 1899. 
Gentlemen: We received your excellencies' letter stating Monday, the 29th instant, 
to be the day on which you would come to Malie. I comply with this entirely; so 
do all our chiefs. 

But we ask, with respect, that if it meets your wishes, Wednesday, the 31st instant, 
may be appointed, so that I may be able to bring the guns which are at Savaii, and 
deliver them together to you. Asking pardon for this, 
yours, truly, 

Mataafa and 13 Chiefs of Tanua and Pule. 



[Inclosure 4.] 

The commission to Mataafa. 

Apia, May 27, 1899. 
Gentlemen: We have received your letter of the 27th instant, in wdiich you express 
the desire that we postpone the day of our coming to Malie in order to witness the 
handing over to the three great powers of all the arms and ammunition now in the 
hands of your people. You name Wednesday next, May 31. 

In order that no doubt may remain that all the arms have been collected, we 
assent to the date of Wednesday. The high commissioners will arrive off Malua 
early on Wednesday morning, May 31, on board their steamer, the Badger, and will 
receive the High Chief Mataafa and the thirteen chiefs on the Badger as soon as 
they arrive. The Badger will fly the colors of the three great powers. All arms and 
ammunition must be carried over from Malie to Malua, stored on the beach, and 
transferred from there by native boats to the Badger. Each chief must hand in the 
arms and ammunition of his district, and a receipt will be given him for the number 
surrendered. 

We are, gentlemen, yours, faithfully, 

[Signed by the commissioners.] 



[Inclosure 5.] 

The commission to Mataafa. 

Apia, June 1, 1899. 

Gentlemen: The high commission yesterday, upon its return to Apia, began the 
disarmament of the people at Mulinuu. The British rifles have been returned to 
the British ships of w r ar, the rifles of the native Samoans deposited on board the 
Badger, and the guns mounted on shore will be returned to the war ships. One 
vessel has already carried a load of women and children to Tutuila and another 
leaves to-day with 700 men on board. 

Malietoa Tanu, who w r as declared King by the chief justice, will be permitted, with 
some of his followers, to remain at Mulinuu until the high commission can decide 
the question of kingship. The other chiefs have been directed to retire to their 
homes at once, except a small force of 100 men, which the high commission has 
deemed it prudent to retain at Apia for a short time as a police force for the protec- 
tion of property. 

The high commission has issued a proclamation calling upon all native Samoans to 
surrender any arms and ammunition still remaining in their possession on or before 
June 20, 1899. After that date all arms and ammunition found in the possession of 
native Samoans will be confiscated, and the person or persons found in possession 
thereof severely punished. 

The high commission expresses its gratification at the promptness with which 
Mataafa and his chiefs have complied with the request to surrender their arms, and 
the high commission now enjoins them to immediately return to their homes, to 
prevent any burning of houses or looting of property, and to use every effort to bring 
about an immediate reconciliation between themselves and the followers of Malietoa 
Tanu, in order that peace may at once be restored to all Samoa. 
We remain, gentlemen, yours faithfully, 

[Signed by the commissioners.] 



73 

[Inclosure 6.] 

The commission to Malietoa. 

Apia, May 27, 1899. 
Sir: It will be within your recollection that when you visited us on the Badger 
you declared your readiness to disarm your troops when the commission should 
require it. 

Mataafa has promised the commission to give up all his guns and ammunition, and 
he states that he is now collecting guns and ammunition from Savaii in order to 
deliver them to us. We shall go by steamer to Malua early on Wednesday, the 31st 
instant, to receive them. On our return, when Mataafa has given up his guns and 
ammunition, we will receive your guns and ammunition in the same way as we 
received his. The guns and ammunition will remain in our keeping, and when the 
present troubles are over we will either give them back to their owners or pay to 
their owners a fair compensation. 

We are, sir, yours, faithfully, 

[Signed by the commissioners.] 



[Inclosure .] 
Malietoa to the commission. 

Government House, Mulinuu, May 29, 1899. 

Sirs: His Majesty Malietoa Tanumafili acknowledges with great respect a communi- 
cation handed to him by Lieutenant Gurner, E. N., of Her Britannic Majesty's 
navy, and bearing the subscription of the commissioners of the three treaty powers. 

His Majesty's government desires to state its entire accord with the proposal to 
collect all arms and ammunition of Samoans and the desire of the government to 
render all possible assistance to the commission. 

It is understood by His Majesty that when Mataafa has delivered all guns and 
ammunition of his party to the commission it is required of him to disarm the troops 
of the government of Samoa. 

It is presumed that the commission will not insist upon the delivery of arms and 
ammunition by the government troops until they are convinced that there has been 
an honest, actual compliance w r ith the requirement made upon the Mataafa party 
and that all their guns have been delivered to the commissioners. 

Section 1 of article 7 of the Berlin treaty provides that the government of Samoa 
retains the right to import " suitable arms and ammunition to protect itself and main- 
tain order." If, therefore, the commissioners require the delivery of all arms and 
ammunition, thus leaving the government without available means to protect itself 
and maintain order, the government asks the commission to guarantee, on behalf of 
the three powers, such protection and order, and that the three powers will protect 
the lives and property of all Samoans who have conformed to the Berlin treaty from 
further assault or molestation by those who have defied the Berlin treaty. 

His Majesty and government have faith that the three powers will keep to the 
treaty. 

I am, your most obedient and humble servant, 

Malietoa Tanumafili. 



[Inclosure 8.] 

The commission to Malietoa. 

Apia, May 30, 1899. 
Sir: In reply to your letter of May 29, we beg to state that it is our intention to- 
first take the arms and ammunition oi the Mataafa party, and after we have assured 
ourselves that they have disarmed, to receive your arms and ammunition. Secondly, 
we shall take measures to preserve order and protect every person in Mulinuu. 
We are, sir, yours, faithfully, 

[Signed by the commissioners.] 



74 

[Inclosure 9.] 
Resignation of Malietoa. 

I, Malietoa Tanumafili, having been informed by the high commissioners that the 
decision of the chief justice appointing me King of Samoa is valid and irreversible, 
but desiring to devote the next few years to my education, do hereby voluntarily and 
■of my own accord resign the office of King of Samoa. 



Malietoa Tanumafili. 



Mulinuu, June 10, 1899. 



[Inclosure 10.] 
The commission to Malietoa. 

Apia, June 10, 1899. 
Sir: We have had the honor to receive your communication of this day's date, 
stating that you have been informed by the commission that they regard the decision 
of the chief justice appointing you King as valid and irreversible, but that you wish 
to devote the next few years to completing your education, and therefore resign the 
kingship of this island. 

In these circumstances we accept your resignation and beg to offer you our best 
vrishes for your progress and prosperity. 
We are, sir, yours, very faithfully, 

[Signed by the commissioners.] 



[Inclosure 11.] 

disarmament peoclamation. 

The high commission, appointed by the three great powers to take over the gov- 
ernment of the Samoan Islands, having, by virtue of the supreme power in them 
vested, and in order to maintain peace and to establish a firm and stable govern- 
ment, required all native Samoans to surrender their arms and ammunition, and 
such requirements having been in part complied with, notice is hereby given that 
all arms and ammunition still remaining in the hands of the native Samoans must 
be delivered to the commissioners at their rooms in the International Hotel, in Apia, 
before the 20th day of June, 1899; that receipts will be given for all arms and 
■ammunition so received, and the same will be retured to their owners after the 
restoration of peace or full compensation made therefor; but that all arms and ammu- 
nition remaining in the possession of native Samoans after June 20, 1899, will be con- 
fiscated, and the person in whose possession the same maybe found will be punished 
by a fine not exceeding one hundred dollars ($100) or by imprisonment not exceed- 
ing thirty (30) days, or by both such fine and imprisonment. 

High Commissioner of the United States, 

Bartlett Tripp. 
High Commissioner of Germany, 

H. Sternberg. 
Her Britannic Majesty's High Commissioner, 

C. N. E. Eliot. 
Apia, June 1, 1899. 



[Inclosure 12.] 

PROCLAMATION CONCERNING GOVERNMENT. 

Whereas the great powers of Germany, Great Britain, and the United States of 
America, for the purpose of restoring tranquillity in the island of Samoa and estab- 
lishing a provisional government therein, have invested the high commission with 
supreme power and authority; and whereas, the decision of the chief justice declar- 
ing Malietoa Tanumafili to be king is considered by the high commission as valid 
and binding; and whereas the said Malietoa Tanumafili has voluntarily tendered to 
the high commission his resignation as king and the same has been duly accepted; 
and whereas the high commission has decided to abolish the office of king in Samoa: 
Now therefore, 



75 

Notice is hereby given that during the stay of the high commission in Samoa, 
unless orders to the contrary are issued, all the official duties of the king and his 
councilors will be performed by the three consuls of the great powers, a majority of 
whom are authorized to act in all cases where by the treaty of Berlin unanimity of 
action is not required. The chief justice will continue to exercise the duties of his 
office, Dr. Solf is authorized to enter upon the duties of his office as president of the 
municipal council of Apia, and all other officers of the said municipality will con- 
tinue to perform the duties of their respective offices. 

Batlett Teipp, 
High Commissioner of the United States. 
C. N. E. Eliot, 
Her Britannic Majesty 1 s High Commissioner. 
H. Sternberg, 
High Commissioner of Germany. 
Apia, June 10, 1899. 

Mr. Trip]} to Mr. Hay. 

No. 5.] Apia, Samoa, July h 1899. 

Sir: The Brutus leaves here to-morrow for Guam, via Honolulu, 
and, hoping this may intercept the San Francisco regular mail, so as 
to reach you sooner than by the regular steamer from Auckland, I 
improve the opportunity to continue the thread of political events and 
to inform you generally of such matters of interest as have occurred 
since my last. 

Everything remains quiet on the island, except some disturbances of 
a local character, growing out of personal and individual animosities, 
an example of which occurred last week. A wounded man was brought 
into Apia, with the report that upon his attempted return to his vil- 
lage and home, in accordance with the previous order of the commis- 
sion, he had been attacked and severely injured. We immediately 
sent the Torch, a small English gunboat of light draft, around to the 
scene of difficulty, had the chiefs and parties engaged in the disturb- 
ance brought on board, and found, upon inquiry, that the trouble had 
grown out of an old feud antedating the recent hostilities, although 
intensified by them; that when the wounded man and his friends sought 
to return home his former enemy personally attacked him, and the 
quarrel was taken up by friends of either party, and would have 
become general but for the timely arrival of the high chief, who suc- 
ceeded in putting an end to it, but not before several were wounded. 
The chief who caused the trouble was asked by the captain of the 
Torch why he had disobeyed the orders of the commission, and he 
excused himself by declaring that he was personalty avenging his 
wrongs, not disobeying the commission. The captain then informed 
him that he must apologize, shake hands, kiss, and make up, according 
to Samoan fashion, or he would be obliged to bring him before the 
commission. The high chief, Suetale, who was present, told the chief 
that he must make up and promise to allow this man and all other 
Malietoa men to live peacefully at their homes, or he would be deported 
or in some other way punished by the commission. The chief yielded 
at once, and all present representing the two factions — high chiefs, 
chiefs, and common people — made up, kissed, rubbed noses according 
to Samoan fashion, and left the ship promising to obey the orders of 
the commission in all things. One or two other smaller personal 
encounters have occurred, but we have treated them all in a similar 
manner, and nothing serious has resulted therefrom. 



76 

A few days ago we invited all the leading chiefs of the islands on 
board the Badger, and having first addressed them separately, and 
having obtained from them the expression of a desire to make up and 
to live in peace with the people of the opposite party, we brought the 
chiefs of both sides together and witnessed their reconciliation. It 
was indeed an affecting scene. The}^ are very emotional people, and, 
after a few speeches made on either side in reply to our address, they 
extended hands, then fell on each other's necks and kissed and made 
all the demonstration of children in emphasizing their promises to 
live in peace and to use every effort with their people to induce every 
member of each tribe within their districts to forgive and forget and 
to be good friends in the future. This war, unlike those of the past, 
has divided nations, tribes, and kin. Tamasese, who belongs to the 
Tupua or Mataafa side, has been the right-hand man of Malietoa Tanu, 
while Faaiata, the cousin of Tanu, has been an ardent supporter of 
Mataafa. Families, even, have been divided, and it is no unusual 
thing to find a father and some of his sons on the one side, while the 
remaining sons have been ardent partisans of the other. This will 
aid and make more permanent any- reconciliation we may be able to 
bring about; for, as " blood is thicker than water," so are relations of 
the same blood more easily and permanently reconciled than strangers 
and enemies. We shall immediately bring together Mataafa, Tamasese, 
and Tanu, the royal chiefs, who have already manifested a willingness 
to meet each other. Should this prove successful, we propose to go 
around the islands and meet the people of each separate district in 
"fonos," as they call such meetings, have public reconciliations, 
explain the purpose of the commission in reference to the future 
government, and exact obedience and loyalty of the chiefs and leading' 
men of each tribe and district. Should this terminate successfully, 
we hope to be able to leave the islands in such peaceful condition that 
it may continue until the permanent government shall have come into 
effective operation. 

Our plan of permanent government comprises three commissioners 
or councilors, appointed one by each of the three great powers, and 
an administrator or chief executive officer of all the islands, to be 
appointed from some neutral nation, unless the nations agree upon 
some person of the nationality of one of the powers. These three 
councilors are to have a limited legislative power. They shall also 
form an executive council, advisory to the administrator, and individu- 
ally may perform, at the designation of the administrator, the duties of 
assessor and collector of customs, treasurer, attorney -general, and 
other quasi-executive duties, and may also, if desired, exercise consular 
functions for their respective nations. The administrator will have 
strong executive powers, appoint all minor officers, etc., and have 
general supervision of the islands. The King, who was a mere figure- 
head, and the reasons for whose retirement I shall give at length in 
my final report, has forever retired, and his office has' been forever 
abolished, with the approval of everybody, the whites as well as the 
natives themselves. 

The exterritoriality of the consuls, which has produced more diffi- 
culty and aroused and fostered more national animosity than an}^ other 
one thing permitted under the Berlin act, has been abolished also, with 
perhaps the unanimous approval of every foreigner on the islands, and 
the jurisdiction of the consuls conferred upon the supreme court, which 



77 

will consist of a chief justice, as under the Berlin act. We have also 
enlarged the jurisdiction of the municipal magistrate, giving him 
jurisdiction of civil cases, which he did not before possess, to the extent 
of $50, and abolished the office of president of the municipal council, 
providing in his place a mayor, appointed by the administrator, upon 
the nomination of the municipal council. You will, therefore, see 
that we have preserved all the main features of the Berlin act, making 
here and there amendments found necessary by experience and the too 
strict interpretation of its provisions. The principal amendments 
are the abolition of the kingship and the consular jurisdiction, and the 
granting of a limited power of legislation conferred upon the legisla- 
tive council. This was found absolutely necessary under the strict 
construction given to the Berlin act. We found after our arrival that, 
as commissioners, we were obliged several times to make rules having 
the force of law, to prevent anarchy and punish crime in cases not pro- 
vided for at all by the treat} 7 , and it requires no argument to maintain 
the self-evident proposition that an act of the brevity of the Berlin 
treaty can not provide for every contingency that may arise in the gov- 
I -eminent of islands like these. There must be provided somewhere a 
/ certain expansion or elasticity which will make the act self-adjusting. 
This we have aimed to provide for in the limited power of legislation 
given to the legislative council, subject to the control at all times of 
the three powers themselves. We have endeavored to retain, as far 
as possible, the general plan, scope, and symmetry of the Berlin act, 
and we believe if it be possible to maintain a tripartite government of 
the three great powers over these islands — I use the word u possible" 
with a full understanding of the doubt it implies — we are quite unani- 
mous that it must be along the lines suggested. Such a government 
must be strong, simple, and economical. 

The character of the people to be governed is of primary importance 
in the consideration of the form of government best adapted to their 
requirements. In these islands the government must be so simple as 
to be easily understood, and so strong that disobedience can be imme- 
diately punished; besides, their financial condition does not permit that 
the number of officials exceed those absolutely needed for a ready and 
intelligent administration of its functions. We have examined the 
question with care and can see no possible objection, should the powers 
so elect, to make use of the members of the legislative council as con- 
sular agents, and thereby relieve the Samoan treasury of a large part 
of the salary to be paid them as councilors, while their employment 
as treasurer, customs officers, attorney -general, etc., will give to them 
the advantage of the salaries paid similar officers under the present 
government, so that on the whole the plan proposed will be even less 
expensive than the present one. To obviate the possible objection that 
the government proposed partakes of the character of a protectorate 
and makes no provision for education of the natives in the matter of 
self-government, looking to their future autonomy or independence, 
we have provided for a governor in each district, to be selected by the 
natives, and for a native government within each district, leaving to 
the natives within their several districts the largest amount of indi- 
vidual liberty and the right of governing themselves according to their 
Samoan laws and customs, reserving to the Samoan government only 
the right to protect the natives of one district against those of another, 
where the rights or liberties of either are violated, or where felonies 



78 

are committed by natives against each other and are permitted to 
remain unpunished. 

We have further provided for a native assembly, composed of the 
governors of the different districts, which is authorized to meet in 
Apia each } 7 ear, and to frame such laws and make such recommenda- 
tions in reference to native affairs as they may desire, and such rec- 
ommendations, when approved by the administrator and council, shall 
have the force of law. In this way it is believed the native can be at 
least interested, and perhaps so far benefited that he may be able to 
give promise of such ability in the future as may enable him to take 
some part in the affairs of the general government. So far any attempt 
at government by the King and his councilors has been such a lament- 
able failure that no time has existed in the past when a large number 
of the most populous districts were not in open rebellion against them, 
and when the so-called government has not been one of violation and 
of easy if not corrupt control. A few gunboats ma} 7 be necessary here 
yet for some time to give moral and perhaps effective support to the 
commands of the new government, but it is believed that the strong 
central government herein provided will not only be most acceptable 
to the natives themselves, but also the only government that will pro- 
tect the rights and liberties of the white people, who have suffered so 
much from maladministration of native government in the past. In 
my report to the Department I shall review somewhat at length the 
causes that led to the unfortunate state of affairs in these islands and 
the reasons that actuated us in proposing the changes and amendment 
to the Berlin act in forming the permanent government. We shall leave 
the provisional government in the hands of the three consuls, with an 
administrator, if one can be found here satisfactory to all the commis- 
sion. I shall come to Washington immediately upon my return, to 
make my final report and urge immediate action upon our work, so 
that in case the government proposed be approved it can be put in 
operation at the earliest possible moment. 

I am happ} 7 to inform you that, while at first the minds of the 
different members of the commission were not quite unanimous upon 
all questions that came before it, by the exercise of some forbearance 
and the wisdom that comes from diplomatic experience we have on 
the whole reached conclusions reasonably satisfactory to each member 
of the commission. I can not speak too highly of the conduct of the 
German member of the commission. With one less experienced, less 
honorable and conscientious, representing the great Empire of Ger- 
many, our task would not only have been difficult, but 1 fear a hopeless 
and unprofitable one. We are now nearly through with our labors 
here, and should nothing occur to indicate that peace is not fully 
restored, we shall hope to leave here about Jul} 7 II for San Francisco 
and home, bringing with us a unanimous report of our work, 
supplemented by individual and confidential reports each to his own 
Government. 

You will therefore not probably hear from me again until my arrival 
in America, and not again as to matters here except as may be contained 
in my final report. I hope, however, to have the pleasure of saying 
to you orally some things so difficult and some perhaps not well to 
be committed to paper, which will give you a better understanding of 
our work than my dispatches or report can possibly do. 
I have, etc., 

Bartlett Tripp. 



79 
Mr. Tripp to Mr. Hay. 

No. 6.] Apia, Samoa, July IS, 1899. 

Sir: I have the honor to inform you that since my last dispatch,, 
bearing date of July 1, 1899, the commission has visited the islands of 
Savaii, Manono, Apolima, and the different districts of Upolu, hold- 
ing nine large meetings, or fonos, one in each district of the separate 
islands. The meetings were very largely attended and reconciliation 
was made between the followers of Malietoa and Mataafa, which 
seemed to be sincere and genuine. At these meetings all the high and 
common chiefs met the commissioners at their f ono, or meeting places, 
addressed them in long Samoan speeches eloquent with gratitude for 
their restoration of peace, the abolition of the kingship, and the 
preparation for them of a good government. 

At these meetings the commission took occasion to explain the rea- 
sons for the proposed abolition of the kingship; that the election of 
a king had always brought them war; in the past some portion of the 
islands has always been in rebellion against the King; that a strong 
government is necessary in these islands to protect the interests of the 
natives as well as those of the white men, and therefore the commis- 
sion believed it better that there should be no king, but that some 
good white man should be sent to take his place. To this the chiefs 
almost unanimously responded that they were glad this troublesome 
question was at an end; that Samoans were born chiefs, not kings, but 
that kings had to be made by the chiefs; that all the great chiefs wanted 
to be king and war must always inevitably result, for only the chief 
who proved himself most powerful in war could finally be king. It was 
better, therefore, that the chiefs should rule, as they were born to rule, 
in their districts, and that the white man's government should protect 
them against other nations and against themselves. The meetings 
were very interesting and the commission had much opportunity to 
observe the native as he is — in his village and at his home. They are 
an amiable, simple people, confiding yet suspicions and jealous, emo- 
tional yet subtle and diplomatic, excitable yet crafty and cunning. 
They are contradictory, unlike others and unlike themselves. Their 
behavior at times takes on the appearance of treachery, but this phase 
of conduct it is believed arises from the kaleidoscopic side of their 
character — their passionate, emotional nature, which prompts to change 
of purpose and action — than a predetermined intention to violate faith 
or solemn promises. Their thought bursts into action like dynamite 
from any sudden cause, and they become again gentle and mild when 
the excitement once has passed, harboring no, malice and exhibiting* 
no feelings of resentment or revenge. They are reconciled as quickly 
as they are angered. The government of such people must be a strong 
and active one. A quick rather than a powerful restraint is necessary 
to maintain order and inspire confidence among them. We have called 
a meeting of all the important chiefs of the island to meet here 
to-morrow, at which time we shall explain fully to them all the changes 
proposed in the government under the treaty of Berlin and obtain 
from them a sanction to the changes so proposed. If the meeting is 
satisfactoiy and everything succeeding the meeting indicates a contin- 
uance of peace, as would now appear most probable, the commission 
intends to leave here on Monday or Tuesday, July 17 or 18, for San 
Francisco and home. 

The commission, as I wrote you in my last, has agreed upon all the 



80 

essential matters of difference existing here. The causes of the hostili- 
ties in existence at the time of our arrival here have also been stated by- 
the commission in their joint report. These causes will be amplified 
and perhaps qualified by the individual commissioners in their sepa- 
rate reports to their own Governments. The joint report is now agreed 
upon and will be extended, signed, and forwarded to you by the next 
mail, and my individual report will follow at the earliest moment 
possible. 

The guns taken from the natives we are obliged to take with us to 
San Francisco. We do not dare to leave them on shore for fear they 
might, in case of an outbreak, be seized b} T the natives again, and the 
knowledge that they were so stored might be an incentive to insurrec- 
tion. We tried to get the three war vessels in the harbor to take 
them, but the3 r have no room on board; so we have concluded to take 
them to San Francisco and leave them at Mare Island until their dis- 
position is determined upon b}^ the powers. We have taken the pre- 
caution to have these arms appraised by officers detailed by the three 
powers, and I will send you the number of guns, which amounts 
approximately to 3,400, and their value as appraised, in my final report. 
I have, etc., 

Bartlett Tripp. 



The Com/mission to Mr Hay. 

Apia, Samoa, July 18, 1899. 

Sir: We have the honor to submit herewith to the consideration of 
our three Governments the inclosed draft of a modified and amended 
version of the act of Berlin. 

In preparing these modifications and amendments our method has 
been to consider, first, what are the evils which have caused the recent 
troubles in Samoa and the generally unsatisfactory condition of the 
islands, and, secondly, what are the measures most likely to remove or 
minimize these evils. 

The chief evils m?ij be, in our opinion, grouped under four heads: 

1. Those which appear to inevitably attend the election of a king in 
Samoa and his subsequent efforts to exert his authority. 

2. Those which are due to the rivalry of the foreign nationalities 
between themselves and to their disposition to take sides in the native 
politics and thus increase the importance and bitterness of the disputes 
which arise. 

3. A third class of evils have their origin in the fact that for many 
years there has been no law or government in Samoa other than native 
custom outside the limits of the municipality. Murder and other seri- 
ous crimes have remained unpunished when committed Iry persons of 
rank, and the supreme court and the nominal government at Mulinuu 
have been equally powerless to exert any controlling force. 

4. The insufficient enforcement of the customs regulations has 
allowed unscrupulous traders to distribute large numbers of arms 
among a native population rent by political factions and ready to fight 
both one another and Europeans. 

To meet the first of these evils we have temporarily abolished the 
kingship and recommend that it be permanently abolished. The action 



81 

which we have taken in the matter does not appear to have aroused 
any hostile feeling among the natives. 

No doubt many great chiefs regret that they will no longer have an 
opportunity of gratifying their ambitions and indulging that passion 
for rank and ceremony which is innate in the breast of every Samoan. 

But even the chiefs have acquiesced in the change; some of the most 
important have stated that they think it is for the good of Somoa, and 
we believe that the mass of the population, unless worked upon by 
extraneous influences (which is unhappily not impossible), will assent 
to the abolition without a murmur and without regret. 

Every white man, German, English, and American alike, who has 
given evidence before the commission (with the exception of one or 
two lawyers who had private interests in the case) has recommended 
the commission to do away with the kingship, and we may also refer 
to the opinion of Sir E. Malet, recorded in the protocols of the con- 
ference of Berlin, and of Mr. Bates, in his report on Samoa. 

It seems impossible to say of the office any good whatever. It is 
comparatively modern as an institution. It served no useful purpose. 
In recent years at any rate the King had no authority or practical 
power to even collect taxes be} r ond the limits of the municipality, and 
within those limits his authority was superfluous. The greater part 
of the population was for all intents and purposes in permanent rebel- 
lion against him, and the mere fact that orders were issued through 
him was liable to provoke disobedience in mairy districts. 

Further, it seems impossible to devise any plan by which an undis- 
puted or even peaceful succession can be secured. The kingship 
depends on a grant of certain titles by certain districts. They are in the 
gift not of the whole population, but of small bodies of electors who 
owe their position to their rank. Even among these electors the prin- 
ciple that the majority of the vote bestows the title is not accepted, and 
the gist of all the "laws and customs of Samoa" is that there is noth- 
ing to prevent two candidates from being duly elected King at the same 
time. 

Formerly the claims of such rivals were decided by force of arms, 
but the framers of the act of Berlin, who evidently thoroughly under- 
stood Samoan custom and practice in this matter, laid down that " ques- 
tions respecting the rightful appointment of King shall not lead to 
war, but shall be presented for decision to the chief justice of Samoa." 
Recent experience has unhappily proved that an attempt to settle the 
question in this way also leads to war, and we are therefore strongly 
of opinion that the only chance of preventing such dissensions in the 
future is to abolish the office which provokes them. 

In the place of the kingship we propose to create a system of native 
government, analogous to that which works successf ully in Fiji. The 
islands will be divided into certain administrative districts (correspond- 
ing as near as possible with those recognized by Samoan usage) for each 
of which a chief will be responsible, and these chiefs will meet annually 
at Apia in a native council to discuss such matters as interest them 
and make recommendations to the administrator and council. Native 
courts will be allowed to punish minor crimes according to native law 
and customs, and every provision has been made to secure the Samoan 
population complete independence and self-government. 

We fear, however, that the same causes which produced rival kings 

tut 6 



82 

will long- continue to produce rival chiefs, who will claim the post of 
provincial governor and create continual dissension. To guard against 
this danger we have made provisions in Article III which empowers 
the administrator to himself appoint the governor in case any dispute 
should occur. 

Perhaps the evils which it is least easy to cure are the second class, 
those which arise from the rivalry and mutual hostility of the different 
nationalities. This hostility permeates all departments of life. The 
traders on one side combine against those on the other. The munici- 
pal council is divided into two parties, each determined to support its 
own programme and defeat that of the other. 

Proposed reforms and measures are judged not on their merits, but 
by party consideration, and officials, however impartial they may wish 
to be, are considered to belong to one side or the other, according 
to their nationalit} r , and inevitably end by becoming more or less 
partisans. 

From the very commencement of the late contest for the kingship 
it was no mere native quarrel between Mataafa and Tanu. On the 
one side were ranged one foreign nationality and its officials, and on 
the other side two other nationalities, with their officials; and the con- 
test was prolonged and not allowed to- reach its natural termination. 

We do not think it will ever be possible to do away with this state 
of things under a tripartite administration, and we take this opportu- 
nity of recording our opinion that the only natural and normal form 
of government for these islands, and the only system which can assure 
permanent prosperity and tranquillity, is a government by one pow T er. 
We regard it, however, as beyond our province to make any but a 
general statement on such a subject, and we have endeavored to amend 
existing arrangements in such a manner that they may prove, if not 
entirely satisfactory, at least workable. 

We propose to introduce an element of unity and centralization into 
the government by the appointment of an administrator, who will 
doubtless be chosen from some disinterested power. He will be 
assisted by a council of delegates from the three governments, who 
might exercise such consular functions as are necessary at Samoa. We 
propose to give this administrator a large measure of authority, 
which, if exercised by a just and capable man, should enable him to 
put an end to many disputes. 

We propose that the administrator and the three delegates should 
form a legislative council, and we have introduced into the act several 
clauses giving them the power to modify existing laws and ordinances. 

We are of opinion that the original act of Berlin was drafted and 
has been construed in too rigid a manner, and that greater elasticity 
in its provisions would have a beneficial effect. We have therefore 
empowered the council to make such alterations as it may think fit in 
the boundaries of districts, the details of native government, and other 
matters enumerated in the proposed amended act. 

Thirdly, we hope to create a greater harmony among the white resi- 
dents by abolishing consular jurisdiction. We believe that in other 
parts of the world such jurisdiction prevails only where the laws of 
a country are, for religious or other reasons, not suitable for applica- 
tion to foreigners. But the chief justice of Samoa is an American 
or European and administers American and European law; it would 
appear therefore that there is no reason why he should not take cogni- 



83 

zance of all suits brought against foreigners, nor why foreigners 
should enjoy privileges of extraterritoriality except that of being 
amenable to the jurisdiction of native courts which will deal only 
with such matters as are decided according to native custom. Hith- 
erto consular jurisdiction has been a powerful means of embittering 
international strife in Apia. Each nationality has had its own law, 
and the consul who administered that law was popularly regarded not 
as an impartial judge, but as the protector of his own nationality. 

We believe that by abolishing this outward sign of separate national 
institutions and by submitting all nationalities to one court and one 
law a great advance will be made in the direction of removing petty 
rivalries and jealousies and restoring good relations between the vari- 
ous white colonies. 

The third class of evils arises from the lawlessness 1 now prevailing 
in Samoa outside the municipality. For many years there has been 
no law in these districts, and native institutions permitted chiefs to com- 
mit crimes with impunity. Murder, theft, and other offenses were left 
unpunished, and trade suffered, owing to the difficulty of affording 
planters adequate legal protection in their dealings with the aborigines. 
We hope to improve this state of things by giving the chief justice 
an enlarged jurisdiction over all the islands, so as to include all cases 
between natives and foreigners, as well as the higher grade of crimes 
committed by natives against each other. 

To lighten the work of the supreme court we have made the municipal 
magistrate a court of first instance within the limits of the municipality* 

Fourthly, we have felt it our duty to deal somewhat severely with 
the importation of arms and ammunition into Samoa. The prohibition 
existing in the treaty has become a dead letter; the management of 
the customs has been exceedingly lax, having been largely in the hands 
of merchants who naturally found it convenient to have easy regula- 
tions. Private commercial houses have been allowed to discharge 
goods direct into their own receiving- sheds without any examination, 
and, though we make no specific accusations, it is clear that there can 
have been no difficulty in introducing large quantities of arms and that 
arms were so introduced. 

We therefore feel it essential that the customs regulations should 
be stringently enforced under the supervision of the administrator, 
and that adequate customs accommodation with an adequate staff shall 
be provided with as little delay as possible. 

The amendments to the treaty of Berlin, which are herewith sub- 
mitted for the consideration of the great powers, have been deter- 
mined upon after consultation with all the leading white inhabitants of 
Apia, and after conferences with all the leading chiefs on the islands. 

The commission visited every district of the islands in person, and 
held meetings of the natives, brought about reconciliations between 
the Tanu and Mataafa factions, and learned the views of the people in 
regard to the forms of native government most acceptable and best 
adapted to their requirements. 

The commission thereafter, on the 14th of July, 1899, so soon as it 
had formulated its views and determined upon the amendments neces- 
sary and proper to be made, called a meeting of all the leading and 
common chiefs of both Malietoa and Mataafa factions at Apia, at 
which meeting about 450 chiefs of all rank were present, and the com- 
missioners there explained the general propositions contained in the 



M 

proposed amendments, and the same were then and there agreed to 
and unanimously adopted, and thirteen chiefs from either side were 
selected to ratify and adopt such proposed amendments by affixing 
their names thereto, and their names will be found appended to the 
copy of the amended general act which is herewith submitted. 

We have the honor to be, with expression of the highest consideration, 
Your obedient servants, 

Bartlett Tripp, 
Commissioner of the United States. 
H. Sternburg, 
High Commissioner of Germany. 
C. N. Elliot, 
Her Britannic Majesty's High Commissioner. 



Article I. 

A DECLARATION RESPECTING THE NEUTRALITY OP THE ISLANDS OF SAMOA AND ASSURING 
TO THE RESPECTIVE CITIZENS AND SUBJECTS OP THE SIGNATORY POWERS EQUALITY OF 
RIGHTS IN SAID ISLANDS AND PROVIDING FOR THE IMMEDIATE RESTORATION OF PEACE 
AND GOOD ORDER THEREIN. 

It is declared that the islands of Samoa are neutral territory in which the citizens 
and subjects of the three signatory powers have equal rights of residence, trade, and 
personal protection. None of the powers shall exercise any separate control over the 
islands or the government thereof. 

It is further declared, with the view to the permanent restoration of peace and 
good order in the said islands and in view of the difficulties which have always 
attended the selection of a King and the maintenance of his authority against the 
frequent rebellions incited by the rival chiefs, that the office and title of King is and 
forever shall be abolished in Samoa, and that the authority of chiefs therein shall 
hereafter be limited to the district in which it may be recognized, as hereinafter 
provided. 

Article II. 

A DECLARATION RESPECTING THE MODIFICATION OF EXISTING TREATIES. 

r Considering that the following provisions of this general act can not be fully effect- 
ive without a modification of certain provisions of the treaties heretofore existing 
between the three pow r ers, respectively, and the Government of Samoa, it is mutually 
declared that in every case where the provisions of this act shall be inconsistent with 
any provisions of such treaty or treaties the provisions of this act shall prevail. 

Article III. 

A DECLARATION AS TO EXECUTIVE POWERS. 

The executive powers shall be vested in an administrator of Samoa, who shall be 
appointed by the three signatory powers in common accord, or, failing their agree- 
ment, by the King of Sweden and Norway. 

He shall receive an annual salary of ($6,000) six thousand dollars in gold or its 
equivalent, to be paid out of the revenues of the Samoan" Government. Any defi- 
ciency therein shall be made good by the three powers in equal shares. 

The administrator shall execute all laws in force in the islands of Samoa. He 
shall have power to grant reprieves and pardons for offenses against the Government 
of Samoa. He shall have power, by and with the consent and advice of the execu- 
tive council, to appoint all officers whose appointment is not herein otherwise pro- 
vided for. He shall have the power to fill all vacancies in office temporarily, and 
until appointments to such offices shall have been regularly made, and to designate 
persons to act in place of officers temporarily absent from Samoa. 



85 

It shall be the duty of the administrator, by and with the consent of the execu- 
tive council, to divide the islands of Samoa, outside of the municipal district of Apia, 
into a suitable number of districts, which may, from time to time, be increased or 
decreased in size and number as deemed advisable, and in each district to appoint a 
governor who shall be charged with the collection of all taxes and with the mainte- 
nance of peace and good order within the district. The governors shall hold their 
office for a term of three years. They may be reappointed at the expiration of the 
term, and they may at any time be removed by the administrator for misbehavior. 
They shall be appointed on the nomination of the natives of their districts, but 
should the natives fail to agree upon a nomination the administrator shall appoint 
such chief of the district as he thinks fit. The local government of such districts 
shall be left, so far as may be, to be administered by the natives themselves in 
accordance with the laws and customs of Samoa. 

Article IV. 

A DECLARATION AS TO LEGISLATIVE POWERS. 

1. The legislative powers shall be vested in the administrator and legislative coun- 
cil. The council shall consist of three members, one of whom shall be appointed by 
the United States, one by the Empire of Germany, and one by the United Kingdom 
of Great Britain and Ireland. 

The administrator and council shall constitute a legislative body, of which the 
administrator shall be the president, and he shall have a voice in considering and a 
vote in determining all questions that may come before it. 

Three of the four members composing the legislative body shall constitute a quo- 
rum for the transaction of business: 

Prodded, however, That no law shall be enacted and that no rule or regulation hav- 
ing the force of law shall be made without the concurrence of at least three members; 
in open session. 

The legislative power of the administrator and council shall extend to all rightful 
subjects of legislation, and in particular they shall have power to levy and collect 
such taxes, duties, imposts, and excises as may be necessary for the public revenues, 
and for this purpose they shall have power to change and modify the taxes, duties, 
imposts, and excises provided fur in this act. 

They shall have power to establish post-offices, post-roads, and a uniform postal 
system. They shall have power to establish municipal and district government and 
to limit and define their powers. 

But the three great powers reserve to themselves at all times the right and power 
to modify or annul any legislative act of the Samoan Government. 

2. The members of the legislative council shall also constitute an executive coun- 
cil, which shall from time to time counsel and advise the administrator in his execu- 
tive capacity as may be required. 

The members of the legislative and executive councils shall also, when designated 
by the administrator, act in the capacity of assessor and collector of customs and. 
revenues, treasurer, attorney-general, and such other executive officers of the gov- 
ernment as may be provided -for. 

They may also, if required, act in the capacity of consuls or consular agents of 
their respective Governments. 

3. There shall be a native assembly composed of the governors of the different 
districts of the islaads. The members of the native assembly shall hold their office 
for three years, but the administrator shall have the power to dismiss any of them 
for misbehavior. The native assembly shall meet annually at Mulinuu at such times 
as may be designated by the administrator, but such session shall not continue for a 
longer time than thirty days in one year, except for reasons approved by the admin- 
istrator. The native assembly shall be presided over by the chief justice, or some 
other white official designated by the administrator, but the president so designated 
shall not have a vote and his functions shall be merely to control and direct the pro- 
ceedings of the assembly with a view to the dispatch of business. The native assem- 
bly shall be empowered to deal with all questions concerning district government, 
including native courts, and with all matters which affect natives only. Its resolu- 
tions and recommendations shall be referred to the administrator and legislative 
council, who shall approve, disapprove, or return them with such modifications as 
they may deem proper: Provided, always, That no resolution or other action of the 
native assembly shall have any binding force or effect until the same shall have been 
approved by the administrator of the legislative council. 



86 

Article V. 

A DECLARATION RESPECTING THE ESTABLISHMENT OF A SUPREME COURT OF JUSTICE FOR 
SAMOA, AND DEFINING ITS JURISDICTION. 

Section 1. A supreme court shall be established in Samoa to consist of one judge, 
who shall be styled "chief justice of Samoa," and who shall appoint a clerk and all 
necessary officers of the court; and record shall be kept of all orders and decisions 
made by the court, or by the chief justice in the discharge of any duties imposed on 
him under this act. The clerk and other officers shall be allowed reasonable fees, 
to be regulated by order of the court, 

Sec. 2. With a view to secure judicial independence and the equal consideration 
of the rights of all parties, irrespective of nationality, it is agreed that the chief 
justice shall be appointed by the three signatory powers in common accord; or, fail- 
ing their agreement, he may be appointed by the King of Sweden and Norway. 
He shall be learned in law and equity, of mature years, and of good repute for his 
sense of honor, impartiality, and justice. 

His decision upon questions within his jurisdiction shall be final. The three 
powers, however, reserve to themselves the right to modify or annul decisions of the 
supreme court involving any question of a political or administrative character or 
principle of international law. He shall receive an annual salary of five thousand 
dollars ($5,000) in gold or its equivalent, to be paid out of the revenues of the 
Samoan Government. Any deficiency therein shall be made good by the three 
signatory powers in equal shares. 

The powers of the chief justice, in case of a vacancy of that office from any cause, 
and during any temporary absence of the chief justice from the islands of Samoa, 
shall be exercised by such person as may be designated by the administrator. 

Sec. 3. In case any of the four Governments shall at any time have cause of com- 
plaint against the chief justice for any misconduct in office, such complaint shall be 
presented to the authority which nominated him, and, if in the judgment of such 
authority there is sufficient cause for his removal, he shall be removed. If the 
majority of the three treaty powers so request, he shall be removed. In case of 
removal, or in case the office shall become otherwise vacant, his successor shall be 
appointed as hereinbefore provided. 

Sec. 4. The chief justice is authorized at his own discretion, and upon the written 
request of either party litigant, to appoint assessors or jurors, not exceeding three in 
number, nor of the nationality of either party, to hear and determine any issue of 
fact arising in the case. 

Sec. 5. In case any difference shall arise between either or any of the treaty 
powers and Samoa which they shall fail to adjust by mutual accord, such difference 
shall not be held cause for war, but shall be referred for adjustment on the principles 
of justice and equity to the chief justice of Samoa, who shall make his decision 
thereon in writing. 

Sec. 6. The chief justice may recommend to the government of Samoa the passage 
of any law which he may consider just and expedient for the prevention and punish- 
ment of crime, and for the promotion of good order in Samoa and the welfare of the 
same. 

Sec. 7. The supreme court shall have original and final jurisdiction of: 

(1 ) All questions arising under the provisions of this amended general act. 

(2) All civil suits concerning real property situated in Samoa and all rights affect- 
ing the same. 

(3) All civil suits of any kind between natives and foreigners, or between foreigners 
irrespective of their nationality. 

(4) All crimes and offenses committed by natives against foreigners, by foreigners 
against natives, or by foreigners against each other irrespective of nationality, except 
violations of municipal ordinances and regulations of which the municipal magistrate 
is given jurisdiction. 

(5) Of all felonies committed by natives against each other. 

Sec. 8. The supreme court shall have appellate jurisdiction over all municipal 
magistrates and municipal courts in civil cases where the amount of the judgment 
rendered exceeds $10 and in criminal cases where the fine exceeds $20, or the impris- 
onment (10) ten days. 

Sec. 9. The practice and procedure of common law, equity, and admiralty, as 
administered in the courts of England, may be so far as applicable the practice and 
procedure of this court; but the court may modify such practice and procedure from 
time to time as shall be required by local circumstances. Until otherwise provided 
by law, the court shall have authority to impose, according to the crime, the pun- 
ishment established therefor by the laws of the United States, of England, or of 



87 

Germany, as the chief justice shall decide most appropriate; or in the case of native 
Samoans and other natives of the South Sea Islands according to the laws and cus- 
toms of Samoa. 

Sec. 10. Nothing in this article shall be so construed as to affect existing consular 
jurisdiction over all questions arising between masters and seamen of their respective 
national vessels, nor shall the court take any ex post facto or retroactive jurisdiction 
over crimes or offenses committed prior to the organization of the court. The 
supreme court shall have power to issue writs of injunction, attachment, mandamus, 
and other remedial writs known to the common law. The writ of habeas corpus 
shall not be suspended except in time of actual war. 

Sec 11. The legislative council shall have power to create and provide such other 
and inferior courts and judicial tribunals in Samoa as from time to time may be 
found necessary and proper: Provided, That the jurisdiction of the courts and judi- 
cial tribunals so created shall not extend to civil cases involving an amount or prop- 
erty exceeding in value $50, nor to criminal cases where the penalty exceeds a fine 
of two hundred dollars ($200) or imprisonment for a longer term than one hundred 
and eighty days. 

Sec. 12. The chief justice shall hold terms of the supreme court in Apia and at 
such other places in the islands of Samoa as in his discretion may be necessary and 
proper. 

Article VI. 

A DECLARATION RESPECTING TITLES TO LAND IN SAMOA AND RESTRAINING THE DISPO- 
SITION THEREOF BY NATIVES; AND PROVIDING FOR THE REGISTRATION OF VALID 
TITLES. 

Section 1. In order that the native Samoans may keep their lands for cultivation by 
themselves and by their children after them, it is declared that all future alienation 
of lands in the islands of Samoa to the citizens or subjects of any foreign country, 
whether by sale, mortgage, or otherwise, shall be prohibited, subject to the following 
exceptions : 

( a) Town lots and lands within the limits of the municipal district as defined in 
this act may be sold or leased by the owner for a just consideration when approved 
in writing by the chief justice of Samoa. 

(b) Agricultural lands in the islands maybe leased for a just consideration and 
with carefully defined boundaries for a term not exceeding fifty (50) years when such 
lease is approved in writing by the chief executive authority of Samoa and by the 
chief justice; but care should be taken that the agricultural lands and natural fruit 
lands of Samoans shall not be unduly diminished. 

Sec. 2. The court shall make provision for a complete registry of all valid titles to 
land in the islands of Samoa which are or may be owned by foreigners or natives. 

Sec. 3. All lands acquired before the 28th day of August, 1879 — being the date of 
the Anglo-Samoan treaty — shall be held as validly acquired, but without prejudice 
to rights of third parties, if purchased from Samoans in good faith for a valuable con- 
sideration in a regular and customary manner. Any dispute as to the fact or regu- 
larity of such sale shall be examined and determined by the court. 

Article VII. 

A DECLARATION RESPECTING THE MUNICIPAL DISTRICT OF APIA, PROVIDING A LOCAL 
ADMINISTRATION THEREFOR AND DEFINING THE JURISDICTION OF THE MUNICIPAL 
MAGISTRATE. 

Section 1. The municipal district of Apia is defined as follows: Beginning at Vailoa, 
the boundary passes thence westward along the coast to the mouth of river Fuluasa, 
thence following the course of the river upward to a point at which the Alafuala 
road crosses said river, thence following the line of said road to the point where it 
reaches the river Vaisinago, and thence in a straight line to the point of beginning at 
Vailoa, embracing also the waters of the harbor of Apia: Provided, That the adminis- 
trator and council shall have power to interpret, limit, and define the boundary of the 
municipal district of Apia. 

Sec. 2. Within the aforesaid district shall be established a municipal council con- 
sisting of six members and a mayor, who shall preside at all meetings of the council 
and w r ho shall, in the case of an equal division, have a casting vote. The mayor 
shall be appointed by the municipal council with the approval of the administrator. 

In case the municipal council shall be unable to come to an agreement they shall 
submit to the administrator the names of the candidates whom they recommend for 
the office of mavor, and the administrator shall choose the mavor from among: them. 



88 

The mayor and the councilors shall be residents of the said district, and owners 
of real estate, or conductors of a profession or business in said district which is sub- 
ject to a rate or tax not less in amount than $5 per annum. 

For the purpose of the election of members of the council the said district shall be 
divided into three electoral districts, from each of which an equal number of coun- 
cilors shall be elected by the taxpayers thereof, qualified as aforesaid, and the mem- 
bers elected from each electoral district shall have resided therein for at least six 
months prior to their election. It shall be the duty of the administrator to make the 
said division into electoral districts as soon as practicable. 

Subsequent changes in the number of councilors or the number and location of 
electoral districts may be provided for by municipal ordinance, subject to reference 
to the administrator as hereinafter provided. 

The mayor shall hold his office for one year and until his successor shall be elected 
and qualified. 

The councilors shall hold their office for a term of two years and until their suc- 
cessors shall be elected and qualified. 

In the absence of the mayor the council may elect a chairman pro tempore. 

Consular officers shall not be eligible as councilors or mayor, nor shall council- 
ors or mayor exercise any consular functions during their term of office. 

Each member of the municipal council, including the mayor, shall, before enter- 
ing upon his functions, make and subscribe before the chief justice an oath or affir- 
mation that he will well and faithfully perform the duties of his office. 

Sec. 3. The municipal council shall have jurisdiction over the municipal district 
of Apia so far as necessary to enforce therein the provisions of this act which are 
applicable to the said district, including the nomination of a municipal magistrate, 
who shall be appointed in the same manner as the mayor. The council shall also 
have the power to appoint all necessary subordinate officers of justice and of admin- 
istration in the said district, and to provide for the security of person and property 
therein; and to assess such municipal rates and taxes as they may agree upon; and 
to provide proper fines and penalties for the violation of the laws and ordinances 
which shall be in force in said district and not in conflict with this act, including 
sanitary and police regulations. 

They shall establish pilot charges, port dues, quarantine, and other regulations of 
the port of Apia. They shall also fix the salary of the municipal magistrate, and 
establish the fees and charges allowed to other municipal officers of the district. 

All ordinances, resolutions, and regulations shall be referred by the municipal 
council to the administrator, who shall express his consent or disapproval or sug- 
gest amendments : Provided always, That no ordinances, resolutions, and regulations 
passed by this council shall become law before receiving the approval of the admin- 
istrator. 

Sec. 4. The municipal magistrate shall have exclusive jurisdiction in the first 
instance over all persons, irrespective of nationality, in case of infraction of any laws, 
ordinances, or regulations passed by the municipal council, in accordance with the 
provisions of this act, ancl of all misdemeanors committed within the municipal 
district of Apia: Provided, That the penalty does not exceed a fine of $200 or impris- 
onment for a longer term than one hundred and eighty days, with or without hard 
labor. The municipal magistrate shall always have jurisdiction within the munici- 
pality of Apia in all civil suits not affecting the right of real property between natives 
and foreigners, or between foreigners irrespective of nationality, where the value of 
the property or the amount involved does not exceed the sum of §50. 

Sec 5. The mayor shall superintend the harbor and quarantine regulations, and 
shall be in charge of the administration of the laws and ordinances applicable to the 
municipal district of Apia. 

Sec 6. The administrator and council shall fix an annual sum to be paid out of 
the revenues of the island to the municipal council for the expenses of the municipal 
government and the execution of public works. 

Article VIII. 

A DECLARATION RESPECTING TAXATION AND REVENUE IN SAMOA. 

Sec 1. Until otherwise provided by law the port of Apia shall be the port of entry 
for all dutiable goods arriving in the Samoan Islands; and all foreign goods, wares,, 
and merchandise landed on the islands shall be there entered for examination; but 
coal and naval stores which either Government has by treaty reserved the right to 
land at any harbor stipulated for that purpose are not dutiable when imported as 
authorized by such treaty, and may be there landed as stipulated without such entry 
or examination. 



89 

Sec. 2. To enable the Samoan Government to obtain the necessary revenue for the 
maintenance of government and good order in the islands the following duties, taxes, 
and charges may be levied and collected: 

A. Import duties. 

1. On ale and porter and beer per dozen quarts. . $0. 50 

2. On spirits per gallon. . 2. 50 

3. On wine, except sparkling do 1. 00 

4. On sparkling wine do 1. 50 

5. On tobacco . per pound. . . 50 

6. On cigars do 1. 00 

7. On sporting arms each. . 4. 00 

8. On gunpowder ..per pound. . . 25 

9. Statistical duty on all merchandise and goods imported, except as afore- 

said ad valorem. . 2p. c. 

B. Export duties. 

On copra ad valorem . . 2 J p. c. 

On coffee do 2 p. c. 

On cotton do ... . 1 J p. c. 

C. Taxes to be annually levied. 

1. Capitation tax on Samoans and other Pacific Islanders over the age of 18 

and under the age of 45 years, not included under No. 2 per head. . $2. 00 

2. Capitation tax on colored plantation laborers, other than Samoans, per 

head 2. 00 

3. On boats, trading and others (excluding native canoes and native boats 

carrying only the owner's property) each . . 4. 00 

4. On firearms do 2. 00 

5. On dwelling houses (not including the dwelling houses of Samoan natives) 

and on land and houses used for commercial purposes. . .ad valorem. . 1 p. c 

6. Special taxes on traders as follows: 

Class I. 
On stores of which the monthly sales are $2,000 or more each. . $100. 00 

Class II. 
Below $2,000 and not less than $1,000. _ . each. . $48. 00 

Class III. 
Below $1,000 and not less than $500 each. . $36. 00 

Class IV. 
-Below $500 and not less than $250 each.. $24.00 

Class V. 
Below $250 each . . $12. 00 

D. Occasional taxes. 

1. On trading vessels not exceeding 100 tons burden, calling at Apia, each 

call. $10. 00 

2. Upon deeds of real estate, to be paid before registration thereof can be 

made, and, without payment of which title shall not be held valid, upon 

the value of the consideration paid \ p. c. 

3. Upon other written transfers of property, upon the selling price 1 p. c. 

Evidence of the payment of the last two taxes may be shown by lawful 

stamps affixed to the title paper, or otherwise by the written receipt of 
the proper tax collector. 

4. Unlicensed butchers in Apia shall pay upon their sales 1 p. c* 



90 

E. License taxes. 

No person shall engage as proprietor or manager in any of the following profes- 
sions or occupations except after having obtained a license therefor, and for such 
license the following tax shall be paid in advance: 

Tavern keeper per month. . $10. 00 

Attorney, barrister, or solicitor per annum. . 60. 00 

Doctor of medicine or dentistry do 30. 00 

Auctioneer or commission agent do 40. 00 

Baker do 12. 00 

Banks or companies for banking do 60. 00 

Barber do. ; . . 6. 00 

Blacksmith do 5. 00 

Boat builder do 6. 00 

Butcher do 12. 00 

Cargo boat or lighter do 6. 00 

Carpenter do 6. 00 

Photographer or artist do 12. 00 

Engineer do 12. 00 

Engineer assistants do 6. 00 

Engineer apprentices do 3. 00 

Hawker do 1.00 

Pilot do ... . 24. 00 

Printing press do 12. 00 

Sailmaker „ do. . . . 6. 00 

Shipbuilder. do 6. 00 

Shoemaker do 6. 00 

Land surveyor , .do 6. 00 

Tailor do ... . 6. 00 

Waterman do 6. 00 

Salesmen, bookkeepers, clerks, paid less than $75 a month do 3. 00 

Salesmen, bookkeepers, clerks, when paid $75 a month and over do 6. 00 

White laborers and domestics, per head do 5. 00 

Factory hands and independent workmen do 5. 00 

Sec. 3. It is understood that "dollars and cents," terms of money used in this act, 
describe the standard money of the United States of America, or its equivalent in 
other currencies. 

Article IX. 

A DECLARATION RESPECTING ARMS AND AMMUNITION AND INTOXICATING LIQUORS, 
RESTRAINING THEIR SALE AND USE. 

Sec 1. The importation into the islands of Samoa of arms and ammunition by the 
natives of Samoa or by citizens and subjects of any foreign country is prohibited, 
except in the following cases: 

(a) Guns and ammunition for sporting purposes for which written license shall 
have been previously obtained from the administrator. 

(b) Small arms and ammunition carried by travelers as personal appanage. 

The supply of arms and ammunition by any foreigner to any native Samoan subject 
or other Pacific islander resident in Samoa is prohibited. 

The penalty for so supplying arms shall be a fine not exceeding ($2,500) two 
thousand five hundred dollars, or a term of imprisonment not exceeding two years 
or both, in the discretion of the court, and the arms shall be confiscated. Half the 
fine shall go to the informer. 

Any native found in the possession of arms or ammunition other than such as are 
used for sporting purposes shall be liable to a fine not exceeding ($200) two hundred 
dollars, and a term of imprisonment not exceeding six months or both, in the discre- 
tion of the court, and the arms shall be confiscated. Half the fine shall go to the 
informer. 

The Samoan government retains the right to import free of duty suitable arms and 
ammunition to protect itself and maintain order. 

All arms without exception coming into Samoa shall be entered at the customs and 
marked there with a stamp, and the possession by any Samoan or foreigner of any 
arms not so stamped shall be prima facie evidence that such arms were imported in 
violation of law. 



91 

The three Governments reserve to themselves the future consideration of the 
further restrictions which it may be necessary to impose upon the importation and 
use of arms in Samoa. 

Sec. 2. No spirituous, vinous, or fermented liquors, or intoxicating drinks what- 
ever, shall be sold, given, or offered to any Samoan or South Sea Islander resident 
in Samoa to be taken as a beverage. 

Adequate penalties, including imprisonment, for the violation of the provisions of 
this section shall be established by the administrator and council. 

Sec 3. General customs regulations. — It is hereby provided that no person or per- 
sons in Samoa shall enjoy any immunity from a strict examination by the customs 
of all articles imported. All goods shall be landed at the receiving sheds of the cus- 
toms. The administrator and council are authorized to enact laws and ordinances 
providing for custom-house regulations, with suitable penalties for breach of the 
same. 

Article X. 

The provisions of this act shall continue in force until changed by consent of the 
three powers. Upon the request of either power, after three years from the signa- 
ture hereof, the powers shall consider by common accord what ameliorations, if 
any, may" be introduced into the provisions of this amended general act. In the 
meantime, any special amendment may be adopted by the consent of the three pow- 
ers with the adherence of Samoa: Provided, however, That no amendment of any 
section or article of this amended general act shall in any way affect private rights 
acquired under such section or article prior to such amendment. 

In evidence of our approval and ratification of the foregoing amended general act 
pertaining to the government of Samoa, we, the high chiefs and chiefs constituting 
the district governments of the islands of Samoa, have hereunto affixed our hands 
and seals at Apia, on the island of Upolu, this 17th day of July, A. D. 1899. 

Malietoa-Tanumafili. [seal.] 
Tupua Tamasese. [seal.] 

Allen Williams, Interpreter. 

17th July, 1899. 
We hereby certify that we witnessed the signatures of Malietoa Tanumafili and 
Tupua Tamasese, the within document having been explained, read, and inter- 
preted to them and they appearing to understand the meaning of the same. 

Hamilton Hunter, 
Acting British Consul. 
Leslie C. Stuart, 

Captain B. H. 
W. Johnston, Jr., 

British Consular Clerk. 

In evidence of our approval and ratification of the foregoing amended general act 
pertaining to the government of Samoa, we, the high chiefs and chiefs constituting 
the district governments of the islands of Samoa, have thereunto affixed our hands 
and seals at Apia, on the island of Upolu, this 15th day of July, A. D. 1899. 

[13 signatures.] 

I hereby certify that the above and foregoing signatures of the thirteen Mataafa 
chiefs were made and affixed in my presence and in the presence of the high com- 
missioners at Apia on the 15th day of July, 1899. 

Edwin Morgan, 

Secretary to the Commission. 

In evidence of our approval and ratification of the foregoing amended general act 
pertaining to the government of Samoa, we, the high chiefs and chiefs constituting 
the district governments of the islands of Samoa, have thereunto affixed our hands 
and seals at Apia, on the island of Upolu, this 15th day of July, A. D. 1899. 

[13 signatures.] 

I hereby certify that the above and foregoing signatures of the thirteen Tanu 
chiefs were made out and affixed in my presence and in the presence of the high 
commission at Apia on the 15th day of July, 1899. 

Edwin Morgan. 
Secretary to the Commission. 



92 

Mr. Tripp to Mr. Hay. 

final report — affairs in samoa. 

August 7, 1899. 

Sir: In addition to the joint report of the commission made to the 
three powers, I have deemed it my duty under your instructions to 
state more elaborately and somewhat more in detail the reasons which 
have actuated and controlled our action in the determination of the 
various matters submitted to our consideration. 

We were charged with two important and independent duties. 
First, to restore tranquillity and order and undertake a provisional 
government of the islands; second, to consider the provisions which 
might be necessaiy for the future government of the islands or for the 
modification of the final act of Berlin and report our conclusions to 
the three Governments. 

In my dispatches already sent you, as well as in the joint report of the 
commission, the steps taken which happily resulted in the restoration 
of tranquillity and order have been detailed somewhat at length, and I 
shall content myself in my final report with referring only in a gen- 
eral wa}^ to the work of disarmament and consequent restoration of 
peace, shall somewhat in detail speak of the causes that led to the 
unfortunate condition of affairs existing on our arrival, and give some 
of the reasons for the proposed changes in the final act of Berlin, 
which it is hoped may tend to prevent the recurrence of such condi- 
tion of affairs in the future. 

We arrived in Apia on the 13th of May, 1899, making the seventh 
of the fleet of war vessels of the three great powers then anchored in 
that quiet little harbor — three English, three American, and one Ger- 
man, the Tauranga, the Porpoise, the Torch, the Philadelphia, the 
Brutus, the Falke, and the Badger, but not the sail or smoke of a 
single vessel of commerce was to be seen there or about the coasts of 
these beautiful islands. On land patrolling the streets and at every 
crossing were soldiers, white and native, demanding the password of 
resident and stranger. A thousand natives in native uniform, but 
armed with British rifles and commanded by British officers, paraded 
past us in response to the salutes from the vessels of war, while as 
many more natives armed with every species of warlike implement, in 
command of native officers, came from their camps to witness our 
arrival. At a distance from the town of perhaps three miles and 
encircling it on all sides were the native troops of Mataafa, estimated 
at about 3,000 men armed with rifles, head knives, spears, and such 
weapons of war as the natives could command, resting upon their arms 
behind their lines of improvised fortifications under the terms of the 
armistice which had been proclaimed by the vessels of war pending 
the arrival of the commission. But a few days prior the English and 
American ships had shelled the town and the people had left the rear 
and exposed portions and were huddled together in the houses along 
the beach and out of the way of and protected b} r the guns of the ships 
which had been directed against the forts and lines of Mataafa sur- 
rounding the place. Excitement and alarm prevailed everywhere and 
this condition of nervous excitement had reached its height when the 
commission arrived. 



93 

The commission was met hy no warm greeting from natives, whites, 
or the officers of the men-of-war. The guns thundered their salutes 
with cold formality, but there followed a frigidity of greeting which 
too plainly betrayed a want of confidence in the purpose or success 
of the mission on which we had come. The commanders of the war 
vessels believed that, but for the enforced armistice under orders from 
the great powers, the troops of Malietoa Tanu, under British officers 
and assisted b} 7 British and American marines, would have easily con- 
quered the force of Mataafa, ended the contest, and established Tanu 
firmly upon his throne. The white people whose homes had been 
pillaged and who had sought refuge in Apia, under the guns of the 
men-of-war, despondingry awaited events which might again bring 
peace, and the inhabitants of the unhappy town, whose houses had 
been unluckily struck by the shells of a friendly fleet, and who sought 
shelter upon the shore, were about equally divided in their words of 
censure for the hostile forces of the natives and the vessels of their 
own fleet. They too awaited our arrival with no assured confidence 
of immediate relief or of permanent peace. The commission were 
looked upon as strangers without experience, unacquainted with native 
manners and customs, and lacking in that ability and education which 
could restore tranquillity and order, or provide for their maintenance 
in the future. Outside of the noisy salutes fired by the men-of-war, 
the reception of the commission on its arrival in Apia was without 
demonstration, icy and cold. They had not come, however, for pleas- 
ure nor as guests, but to learn and to act, and thej 7 set themselves 
immediately to their task. As I have already informed you, they 
opened rooms on shore, where for many days they consulted with 
officers of the navy, officials of the powers, private citizens, business 
men, missionaries, and everyone who could inform them of the situa- 
tion they had come to meet. From every quarter the} 7 received dis- 
couragement as to any effort at disarming the native. The} 7 then 
summoned the chiefs themselves of the hostile parties, and finally 
obtained from them the promise to surrender their arms, which was on 
the 31st of May, 1899, carried out, and up to this time we have taken 
up from the natives and have in our possession more than 3,400 native- 
guns, in addition to the British rifles, about 700 in number, returned 
to the British men-of-war. This was the beginning of peace. There 
is nothing the Samoan loves more than his gun; there is nothing he 
will not part with in its purchase; no sacrifice he will not make for its 
retention. It occupies the most prominent place in his home, and it is 
his constant companion upon his journeys abroad, and when he surren- 
dered it to the commission, the white man felt and knew that peace was 
assured, and a feeling of confidence was at once inspired which has 
never abated, and which had aided the commission in bringing its 
work to a rapid and successful issue. The naval commanders yielded 
ready obedience to every request. The whites on shore for the time 
forgot their national quarrels and their differences of the past, and the 
natives of both factions vied with each other in anticipation of the 
commission's requests, and in the performance of any services desired. 

In the prompt and effective disarmament of the two hostile forces 
lay whatever of success has attended the commission's work. It was 
an effective and nearly a total disarmament of both factions. Very few 
guns remain in the hands of the natives, and these are held under such 



severe penalties that it will perhaps never be known how many were 
not surrendered. The commission brought two controlling influences 
to bear upon the native in effecting this result. Mataafa had returned 
as an exile from Jaluit under strict promises of obedience to the laws 
and government of Samoa, which, if the decision of the chief justice 
were upheld, had been broken. This was diplomatically placed before 
him in our oral interviews, and while no promise of immunity was 
made him, he was given to understand that the action of the three 
powers toward him would be made largely to depend upon his future 
conduct and attitude toward the commission and the government they 
might establish. Mataafa is undoubtedly the most sagacious and 
influential of all the native chiefs. He grasped the situation at once, 
proclaimed himself friendly to peace and desirous of doing everything 
deemed requisite by the commission to that end, and has kept his 
promises, it is believed, to the letter. Second, we found that all the 
arms were private property, each native being the owner of his own 
gun, and to assure success in what we deemed a vital point, the com- 
mission promised after the restoration of peace to return the guns or 
pay to the owners a fair compensation therefor. This was an argu- 
ment ad hominem; it was a stronger argument even than the interested 
patriotism of Mataafa, but coupled with it became irresistible to the 
native mind, and almost to a man the Mataafa party surrendered its 
guns, delivering over 1,800 on the 31st of May and in all nearly 2,100 
to the coimnission. It was also agreed that the disarmament should 
be general; that Tanu men as well as Mataafa should surrender their 
arms, and this was generally done. These guns, as I have already 
informed you, were taken by the Badger to San Francisco, to be there 
held until the three powers shall agree upon their disposition. The 
commission requested the English and German vessels remaining in 
the harbor of Apia to take them upon our departure, but these vessels 
had no room on board, and it was not deemed prudent to store these guns 
on shore, so the only thing left was to bring them with us. * * * 
a valuation made by officers detailed by the captains of English, Ger- 
man, and American men-of-war, which I believe places an average 
value on the entire lot of about $12 each, which is, I am inclined to 
think, a very large valuation; but it was made as a mere precaution, 
and not one by which the powers would be by any means bound. 

The disarmament was accomplished without any promises made or 
inducements offered as to the future government of Samoa and before 
the commission had itself arrived at any conclusion or decision as to 
who was king. As soon as the disarmament had been concluded, we 
set to work to determine that important question. Fortunately, after 
much discussion, citation of such precedents as were at hand, and the 
application of legal principles which obtain in the jurisprudence of 
the courts, we unanimously reached the conclusion that under the pro- 
visions of the Berlin treaty the decision of the chief justice was valid 
and binding. It is true that the decision seems to base the judgment 
of the court upon the ineligibility of Mataafa under the protocols of 
the Berlin treaty, but the judgment itself, as found in the docket 
of the court, * * * bases the decision both on the ineligibility of 
Mataafa and upon the evidence presented to and considered by the 
court. Such a judgment under the express provisions of the treaty 
must be held to be valid and binding. When the record shows that 
evidence to sustain the issues was presented to the court and that such 



95 

issues were so tried and determined upon the evidence adduced, the 
judgment is necessarily conclusive though the reasoning of the court by 
which it reaches such conclusion be ever so fallacious. This proposi- 
tion is so well sustained as elementary law that it needs only to be 
stated to be admitted, and if any doubt existed whether the determina- 
tion of the election of a king is so far a judicial one as to come within 
the elementary principles, the doubt is removed by the very terms of 
the act itself which provides that c ' the signatory governments will 
accept and abide by such decision." (Sec. 6, art. 3.) 

Having reached this conclusion it was unnecessary to attempt to 
jointly review the causes that led to the necessity for such decision. 
By the decision itself Tanu was king, and the correctness or incorrect- 
ness, the propriety or impropriety, of the conduct of those who had 
favored or opposed his election became immaterial in accomplishing 
the purposes of our mission, viz, the restoration of peace and proposed 
changes in the existing government of Samoa. Our joint action has 
therefore been confined to these two great objects, leaving each indi- 
vidual member of the commission at liberty in his separate report to 
make such reference to the conduct of individuals and citizens resident 
in Samoa as he might deem proper. 1 have not, however, under any 
instructions deemed it necessary for me to go further into the inquiry 
as to the cause that led to hostilities than to consider such facts as were 
developed in the legitimate determination of the questions submitted 
for our decision. It is undoubtedly true that the white people in Apia 
were in sympathy with one or the other of the rival candidates for 
king. It is also undoubtedly true that the German residents generally 
were in sympathy with Mataafa and the English and American resi- 
dents with Tanu; but outside of some idle rumors there was no evi- 
dence adduced before the commission that any citizen of any nation- 
ality openly took any part in the proceedings that led to open hostili- 
ties or advised measures that led thereto. On the contrary, both the 
Germans — Marquardt and Huf nagel — who had been arrested and kept 
in confinement for several weeks prior to our arrival for having 
advised and aided Mataafa in his rebellion against the Government, 
were, upon a hearing by the commission, immediately discharged, there 
being no competent evidence against them. Prior to the decision of 
the chief justice it is difficult to see why the citizens of one nationality 
or another might not feel or exhibit a sjmipathy with the one or the 
other of the contending parties. Mataafa, though a returned exile 
and under strict promises to remain at Mulinuu and to maintain obedi- 
ence to the government, had before the selection of candidates by the 
chief justice in a private letter to H. J. Moore, been declared eligible 
for the office of king, and while this unofficial letter could in no way 
affect the subsequent decision, yet it being made public did give to 
Mataafa a plausible color of right to become such candidate without 
apparent breach of the promises he had made. I do not therefore see 
how white men or the followers of Mataafa are open to censure on 
account of sympathy or support given to him prior to the decision 
declaring Tanu king. It may have been bad taste for white men to 
have espoused the cause of either candidate for native king, but no 
rule of law or ethics made it wrong. 

It was undoubtedly a mistake that Mataafa was permitted by the 
powers to return to Samoa at the critical time when a king was to be 
selected. It should have been foreseen that sympathy for the old man, 



96 

whose exile had come to be a martyrdom in the minds of his relatives 
and friends, coupled with the magnetic powers and abilities of the man 
himself, could not fail to make him a powerful if not a successful can- 
didate for the place he had once filled. But the powers permitted 
him to return; the chief justice declared him a proper person to be 
made king; his admirers espoused his election and declared him king; 
and undoubtedly by our theoiy of election where majorities control 
he was the choice of an overwhelming majority of the Samoan people, 
but in Samoa the select few and not the people determine the elec- 
tion of chiefs and kings. I have given the matter some thought, and 
have several times heard the theory explained by which the selection of 
king is finally made "according to the laws and customs of Samoa" — 
Faa Samoa — but I have only so far grasped the methods employed 
as to enable me to definitely conclude that according to such laws and 
customs it is possible to elect two kings at the same time, and that the 
one declared elected may or may not be the choice of the majority of 
the people themselves. Whether, then, Chief Justice Chambers fairly 
and honestly found upon the evidence before him that Tanu was 
elected king in accordance "with the laws and customs of Samoa," as 
his docket says he did, I do not think any lawyer of the great powers 
will ever have the patience or ability to determine, and he will upon a 
partial investigation of the methods pursued in determining such elec- 
tion feel inclined rather to excuse his honor for seeking to base his 
decision upon the ineligibility of the opposing candidate than to 
require him to set forth his reasons for a decision based upon the 
facts — "Faa Samoa." In my judgment, then, Mataafa and his sup- 
porters are to be blamed, not for what occurred before but after the 
rendition of the decision. The decision declaring Tanu to be king- 
was the law of Samoa, and all who refused obedience to it violated not 
the decision alone but the treat} 7 upon which it was based. I need not 
particularize. 

The consuls and all officials of Samoa were bound to recognize Tanu 
as king. Until annulled by the great powers no consul or official of 
the great powers was at liberty to deny its binding force. Every 
act done or word of encouragemeut given by treat} 7 officials toward 
approval of resistance to the decision of the court and their subse- 
quent refusal to recognize Tanu as king must be regarded as a breach 
of treaty rights and a discourtesy toward the other allied powers. It 
is generally believed by those best informed in Samoan affairs that 
had the three powers been agreed as to the validity and binding force 
of the decision, and had the three consuls at once so proclaimed to the 
native people, the war might have been avoided and peace for the time 
at least maintained. Whether this be true or not I am quite con- 
vinced that the natives were informed that the powers were not agreed 
and that this fact encouraged them to active and prompt resistance. 
It is not improbable, however, that war would have come at last, for, 
according to " Faa Samoa," he only can be king who can maintain the 
title by force of arms. The contest between the forces of Mataafa 
and Tanu in the first instance was a brief one. In less than twenty- 
four hours the entire force of Tanu was made prisoners and disarmed 
or driven to its boats and on board the men-of-war. The victory was 
decisive and almost bloodless. This followed so suddenly and so imme- 
diately the decision that it seemed rather its resultant than a revolution 



97 

against it. Apia and the people yielded to the inevitable, and the con- 
suls of the powers subscribed allegiance to the provisional govern- 
ment whose creation and existence rests rather in rumor than by 
record and facts. It was, however, a submission to superior force, 
and the Mataafa faction, so far as the natives were concerned, was in 
control. The white officials will never be able to agree as to what the 
provisional government was or what share, if an}^, the different nations 
took therein. Whatever trace of it existed at the time the British 
and American forces ceased fire upon the town, had disappeared when 
the commissioners themselves arrived. Mataafa and his troops were 
many miles away; Tanu, as king, was holding his court at Mulinuu, and 
where military law was not supreme, the old officials of the Govern- 
ment were exercising the functions of their offices. The provisional 
government was at an end. If it had any existence in fact it lives only 
in the memory of the past, so that we were by the shells of British 
and American guns relieved from some difficult questions of interna- 
tional law that might otherwise have arisen had we found it de facto 
the government of Samoa. 

I do not deem it part of my duty to go into the question of the origin 
and termination of this "provisional government" at length. It was 
one of those evanescent, kaleidoscopic transitions of the kind of gov- 
ernment of which the history of Samoa has furnished many unique 
examples in the past. It must be admitted that under the view the 
commission has taken the provisional government was the result of a 
victorious revolt against the lawful government, its leaders were revo- 
lutionists, its officers in the eye of the law were rebels, and the consuls 
who assumed to act for their Governments in yielding obedience thereto, 
were acting without the pale of their authority, and until ratified by 
their Governments, their acts were null and void. I shall not argue 
the question whether a majority or all the consuls acting together could 
authorize the naval authorities to shell the camps of Mataafa and break 
up the provisional government itself. 1 have always maintained the 
opinion that whenever the consuls under the Berlin treaty were required 
to act that a unanimity was not required except in the cases therein 
enumerated, "The mention of the one to the exclusion of the other," and 
when the f ramers of the Berlin treaty chose to enumerate certain cases 
in which unanimity of action was required, they declared by implica- 
tion that in all other cases a majority of the board was authorized to 
act. I do not think, however, that the admiral and other naval com- 
manders in the harbor of Apia were at all subject to the unanimous or 
majority control of the consuls, except in so far as they may have been 
specially instructed by their governments. The naval commanders' 
general instructions would have been sufficient to authorize them to 
lire upon armed rebels in revolt against their lawful government. It 
would seem to me that Admiral Kautz and the English commanders, 
acting under their general instructions, were authorized to put down 
an armed rebellion against the lawful government of the three powers 
and to sustain by force of arms the decision of its courts, and if their 
private instructions put them under control of the consuls as to how 
and when display of force was to be employed, I am still of the opin- 
ion that such instructions were not violated by their obeying the orders 
of a majority of them. I expressly disclaim passing upon these ques- 
tions other than in a general way, and I must claim that what is here 

TUT 7 



98 

said shall not be regarded as an opinion or report upon these questions 
made after an investigation of the facts. I desire them to be consid- 
ered merely as a report upon questions arising incidental to the matters 
left to our jurisdiction and control. 

After the commission had reached the conclusion that Tanu was king 
it set about to place the wheels of a provisional government in motion. 
Complaints were frequent and urgent from people of all classes request- 
ing to be relieved from military rule, that sentries be removed, and 
that civil government be again restored. The city government had 
lapsed. The councilmen in one of the wards had failed to qualify and 
in another were illegally elected, and as no quorum of the former 
government could be obtained the commission itself had to appoint 
registers and call an election to fill such vacancies. They then installed 
Dr. Solf as president of the council, withdrew the sentries, and placed 
the town under a city government and civil law. In the meantime we 
had canvassed the question of a provisional and permanent govern- 
ment for the islands. The history of Samoa showed that the title of 
king was of very recent origin and extended no farther back than to 
the grandfather of Tanumafili, and that his father was really the first 
to be crowned and anointed king. The title of king is said to have 
originated with the missionaries, who conceived the idea to unite the 
islands under one ruler and thereb}^ to make a stronger and better 
government. On the contrary, it became weaker, there being no 
hereditary king. The most powerful chiefs of the most aristocratic 
families and tribes claimed the right of succession and exercised the 
right of rebellion during every reign. No king was able to maintain 
his authority over all the districts at the same time. Some of the 
more powerful chiefs were continually in rebellion. The father of 
Tanu was twice deposed and three kings assumed the title intermediate 
his reign as king — Malietoa Talavou, Tamasese, and Mataafa — and the 
process of the king instead of commanding respect was mocked at and 
jeered, and could not be enforced in many of the larger districts of the 
so-called kingdom of Samoa during his entire reign. This was not on 
some occasion of revolt, but usual and continuous. 1 am informed by 
Chief Justice Chambers that during his entire stay in Samoa the writs 
of his court, running in the name of Malietoa Laupepa as king, could 
not be enforced in several large districts of Samoa, and this in times 
of apparent peace. The title of king was an empty honor; the real 
power was in the district chief, and the native government existed 
there. Upon consulting with those best acquainted with Samoan 
affairs we did not find a man not influenced by selfish interests who 
was not pronounced in favor of abolishing the office of king. It was 
not only an empty honor but a bauble to be contended for by powerful 
chiefs, a sort of Samoan prize not to be retained by the victor but to 
be submitted to new contests and won afresh upon the field of honor. 
Instead of an element of strength it was an element of weakness and 
a cause of war and insurrection, and upon consulting with the older 
and wiser chiefs we were surprised to find that they, too, believed it 
better that the office should be abolished, that the districts should 
govern themselves, and the white man should make the laws for Samoa. 
We became unanimous that the office of king should be abolished, so 
far as our recommendation could effect such result, and so informed 
Tanu, the king. He advised with his friends, and subsequently 
informed the commission that he was yet a boy at school and desired 



99 

to complete the course of study he had begun, and in oral conversa- 
tion he further explained that, should the great powers agree with the 
commission to abolish the office of king in the formation of a per- 
manent government, his temporary holding of the position became a 
worthless title, and did the powers permit the title in the future to be 
retained it would be one which could not peaceably be held. It came 
to him not by descent but by a decision, which many of' the great 
chiefs declared in violation of Samoan law and customs. He could not 
hope to hold it except by war, and his life would be spen t like that of 
his father in anxiet}^ upon the throne and in the loneliness of exile, and 
he preferred the hereditary title of district chief to the unmeaning 
title of Samoan king. * * * 

Upon the acceptance of the resignation of Tanu the executive power 
of the provisional government was placed in the hands of the three 
consuls with Dr. Solf as adviser, and a proclamation issued to that 
effect. The provisional government being now in force, the time of 
the commission was directed to the question of a permane nt govern- 
ment and the changes to be recommended in the final act of Berlin. 
The act itself was the unique work of skillful men, and had it not 
fallen into the hands of strict constructionists would undoubtedly 
have served well the purpose of its creation. The same forces which 
robbed it of the elasticity of construction and expansion of provision 
still existed in Samoa and might wreck any form of tripartite govern- 
ment that could be conceived. If such a form of government be pos- 
sible, and I use the word with full understanding of the doubt it 
implies, it can be made endurable anel permanent only by being made 
applicable to all classes of people through the same agencies of adminis- 
tration. The foreign population to be governed should as far as possible 
be made homogeneous, and one set of officials should administer the same 
law in all Samoa. The question of nationality must be lost sight of in 
the administration of government and the government should be made 
autonomous as its preamble declares by an administration which treats 
citizens of every nationality alike. To aid in carrying out this prin- 
ciple of government we have recommended the abolition of that judi- 
cial extraterritoriality heretofore existing in the consuls. The exercise 
of this right has become a weapon of hostility rather than a shield of 
defense. The consulate had become an asylum from crime rather 
than a temple of justice and the criminal had come to regard his con- 
sul as one who would protect and shield him from the courts rather 
than as a judge who would punish him for his crime. Not only had 
the consulate thus become a refuge for criminals, but the courts were 
continually harassed with questions of jurisdiction which were not 
always limited to the courts of Samoa, for not infrequently they found 
their way to the powers themselves and became unpleasant subjects of 
international complication. Scarcely a case arose in the courts that 
this vexed question did not present itself in some form and the asser- 
tion of consular jurisdiction took on at times such an air of superior 
power as to create a counter resistance of the court in order to main- 
tain a dignity of demeanor in contrast with the humiliation sought to 
be imposed. These were some of the evils of the consular extraterri- 
torial jurisdiction. On the other hand, the good effects expected from 
its exercise did not result. Such judicial powers are never exercised 
by consuls except in those countries like Turkey, China, etc., where 
by reason of all religious prejudice or incapacity of native courts for- 



100 

eigners can not, with safety to liberty and property, submit to their 
jurisdiction. Neither of the reasons obtain in Samoa. Nearly all the 
inhabitants are Christians, as will be seen by reports of missionaries 
* * * which show that of the 35,000 estimated population of these 
islands the Protestants claim about 27,000 and the Roman Catholics 
7,000. The courts, too, having foreign jurisdiction are not native, 
but white. The chief justice is selected by the powers and has juris- 
diction, not only in cases where foreigners are parties, but in all cases 
where foreigner and native are parties. 

It would seem that no good reason could exist why a court that has 
jurisdiction to try cases between Englishmen and Americans might not 
be qualified to try cases between Americans themselves, nor why it 
should not be authorized to try and punish an American as well as a 
Norwegian or a person of another national hvy in a country declared to 
be autonomous and independent, and where all men are supposed to be 
free and equal. It developed also upon inquiry that this consular 
jurisdiction was unpopular with the people themselves. The consuls 
even condemned it and we found but one man, an attorney who had 
shown some skill in entangling tbe courts upon this vexed question, 
who attempted to defend such jurisdiction. No reason therefore seem- 
ing to exist for further insistence upon the rule, and its exercise having 
been found to be prolific of the evils sought to be controlled, we have 
recommended the abolition of this extraterritorial jurisdiction hereto- 
fore exercised by the consuls and have conferred such jurisdiction upon 
the chief justice, and have at the same time, to relieve his court and to 
expedite the hearing of petty cases, enlarged the jurisdiction of the 
municipal magistrate so as to allow him to tr}^ civil cases involving an 
amount not exceeding $50 and misdemeanors where the penalty does 
not exceed a fine of $200 or one hundred and eighty days imprison- 
ment, with right of limited appeal to. the supreme court. We have 
also made a few specifications of the powers of the courts to issue cer- 
tain writs, such as mandamus, injunction, etc., which would probably 
exist without enumeration, and have retained the former provision of 
the Berlin treaty making the decisions of the chief justice final, add- 
ing, however, a clause which reserves to the powers the right to annul 
all decisions involving executive and administrative rights or principles 
of international law. This clause relieves the powers from the anno} T - 
ance of appeals by litigants which might be frequent and annoying, and 
at the same time saves to them the right of annulment in all cases 
where the decision is not strictly judicial. We have also extended the 
jurisdiction of the supreme court to felonies committed b}^ natives 
against each other, upon the advice of missionaries and those better 
versed in Samoan laws and usages. It is believed that such jurisdic- 
tion, though exercised only in extreme cases, will have a beneficial 
effect in restraining the commission of crime and advancing the con- 
dition of morality among the natives themselves. Much complaint 
existed also among American and English settlers especially, that the 
Berlin act contained no provision for a trial by jury, which citizens of 
those nations regard as one of their dearest rights. We found, how- 
ever, that it would be quite impracticable to provide for a jury of 
twelve men, where perhaps not one hundred men qualified for jury 
duty could be found on the entire islands, and we therefore have com- 
promised the matter b}^ providing for a jury of three to be allowed in 
the discretion of the court in civil cases and as an absolute right in 



101 

criminal cases. This in lieu of the provision for assessors, which we 
were informed was a dead letter, it never having been attempted to 
be used but once since the organization of the court and which then 
proved a failure. With these exceptions the powers of the supreme 
court have not been changed. This court has proved to be the strongest 
and best part of the mechanism of the Berlin treaty and we have felt 
it proper therefore to strengthen rather than to weaken its powers. 

In place of the king and his advisers we have provided an executive 
officer whom we have designated as an administrator. To the admin- 
istrator, who it is presumed will be an upright and experienced man 
of affairs, we have given real powers of administration. He will be 
the center and focus of the Samoan government, a real executive; and 
in reply to any objection which may be urged that we have established 
a protectorate instead of a Samoan government, we have, at the request 
of the natives themselves, taken away the prop from the king — the 
white adviser, who was expected and intended to be the actual king — 
and given them a real executive in his place — replaced the shadow with 
the object itself. 

It can with no more propriety be urged that an assault has been 
made upon the independence of Samoa by furnishing it an able execu- 
tive than where the native court was replaced by the supreme court, 
and what has proved such a necessity and bulwark of strength in the 
judicial department, it is believed will be developed in the executive 
by the substitution of the administrator for the king and his white 
adviser, and the one strikes no more at the independence of Samoa or 
assumes a greater protectorate power than the other. The question 
becomes one of good government and not a mere dream of the senti- 
mentalist, the humanitarian, or the charlatan. If a government is to 
be maintained in these islands it must be a strong, simple, and econom- 
ical one. It must be so strong as to be respected and feared, so simple 
as to be understood by the native and white, and so economical as to 
impose neither too heavy a burden upon the people nor the powers 
that must be responsible for its failure or success. Along these lines, 
without sentiment or imagery of thought, we have centered in the 
administrator and his council such power and simplicity of action as 
will give in our judgment to it the strength and elasticity which, 
under the strict construction of the Berlin treaty, robbed the govern- 
ment of the powers intended to be conferred. Small powers of legis- 
lation are given to the council, well guarded in their enumeration and 
in the reservation which gives to the powers entire right to modify or 
annul. In this way the treaty, instead of being a codification of law, 
assumes more the character of a written constitution which both grants 
and limits the powers of the executive, legislative, and judicial depart- 
ments of the government, and provides thereby an elasticity of action 
with sufficient checks and balances to guard the safety of its action 
without interfering with its strength or economy. The white man 
has provided a white man's government over the whites, and so far 
over the natives as to insure peace and to protect the business rela- 
tions existing between native and white upon these islands. The 
natives in their intercourse with each other are governed by the laws 
and customs of Samoa as administered by the district chiefs. We have 
preserved all there has ever been of native government and given to 
the central government simplicity and strength which it is believed 
will insure stability and permanence of character. The administrator 



102 

and chief justice are given such salaries as is believed will command 
respectability, and the office of councilor is left to be filled by each 
nation at such salary as may be deemed adequate and just. Provision 
is also made for their acting in the capachVv of collectors of customs, 
treasurer, attorney -general, and such other executive offices as may be 
found expedient and proper, it being clearly shown that their employ- 
ment in the role of councilors will not be so onerous but that a large 
share of the executive work of the islands can be performed by them; 
and if desired, no objection is seen to their acting in the additional 
capacities of consuls or consular agents of the different powers, and in 
this way the salaries now paid for king, collector of customs, etc., 
would be saved and a fair salary could be afforded by the powers to 
command for these places such ability as their importance demands. 
As to the native government, we have given it especial study. We 
visited every island except Manua, the extreme eastern islands of the 
group, which have but few inhabitants and are almost inaccessible 
except during the smoothest sea. We held meetings in every district, 
at which nearty every chief and native was present. We discussed 
with them their theories of government. We drank kava and ate with 
them. We listened to their speeches. We talked with their chiefs 
and explained our own theories of the central and native governments, 
and we found them not only quite unanimous, but at the last enthusi- 
astic in favor of the central government as contained in the amend- 
ments proposed. The form of district government is quite their own, 
and was agreed upon after our tour of the islands, and is a consensus of 
the views of the chiefs and those most familiar with native laws and 
customs. Our aim has been to leave to the native the largest freedom 
and liberty within the districts and to teach him self-government through 
the native assembly, which meets each year at Apia, whose teachings 
will disseminate and make its impressions felt in the district govern- 
ments until in time the native will be able to take his part in the gov- 
ernment of the islands with an intelligence equal if not superior to that 
of the white man now there. But at present he is unfitted for extended 
self-government, and no one appreciates this fact better than himself. 
He is anxious to learn. He wants a white man's government. Thanks 
to the missionaries the great bulk of the natives and nearly every chief 
can read and write and are adopting the habits of civilization with 
great alacrity. They are entirely satisfied with the form of govern- 
ment we have proposed, and while we have not permitted our draft to 
be published or read until it shall have been presented to our Govern- 
ments, we have taken occasion at these private meetings with chiefs, 
at which no white man or reporter was permitted to be present, to 
explain its principles at length, and on the 14th of July, just before 
our departure, we called the chiefs together at Apia from all the islands, 
about four hundred and fifty being present — every high chief, in fact, 
except Mataafa and Tanu, the former being kept away by sickness and 
the latter because it was not deemed proper for him to be present dur- 
ing Mataafa's absence. To these chiefs we fully explained the proposed 
government, and were surprised to find that the Mataafa chiefs had 
anticipated us by themselves proposing in brief a form of government 
much our own, which the} 7 had prepared and which was read by one of 
the Mataafa chiefs. * * * At the close of the meeting so har- 
monious were the views of all the chiefs, both of the Mataafa and 
Tanu factions, that it was agreed that 13 chiefs from either side 



103 

should be selected to sign the proposed form of government, to show to 
the powers that it met with their entire approval. Accordingly the 
26 chiefs, 13 of the Mataafa and 13 of the Tanu party, came on board 
the Badger on the morning of July 15, 1899, and signed the pro- 
posed plan of government, and their original signatures will be found 
appended to the draft of government forming a part of our joint report 
which is herewith submitted. 

In the form of government presented we have endeavored as far as 
possible to preserve the symmetry and theoiy of the Berlin treaty. 
The provisions as to reservation of lands to the native people, the 
principle of taxation, the restriction as to introduction of ti rearms and 
intoxicating liquors, have all been preserved and in some respects 
emphasized. The courts, as I have already stated, are retained and 
their jurisdiction enlarged, and the executive power has been changed 
onty by abolishing the puppet king and creating out of his white 
adviser a real executive, as the adviser was expected to be. In short, 
the only change in principle has been to take away the consular 
judicial powers and confer them upon the chief justice, and to give 
elasticity to the act by conferring such legislative powers as would 
seem to be impossible to be exercised by the powers themselves, or 
which results could not be embraced in an act so brief as the treaty 
itself. We have endeavored in the short time at our command to 
ascertain the weaknesses of the treaty in its administration, to learn 
the requirements of the native people, and to suggest such changes as 
it is hoped will best retrieve the errors of the past and maintain a 
strong and stable government in future. 

I am by no means sanguine that the form proposed will produce the 
effect desired, for while I have no doubt that any one of the great powers 
could easily govern these islands in the manner proposed, I fear their 
ability to do so when acting together, and I can not forbear to impress 
upon my Government not only the propriety but the necessity of dis- 
solving this partnership of nations which has no precedent for its crea- 
tion nor reason for its continuance. It will produce national jealousies 
and endanger the friendly relations that have so long existed between 
the powers. Considerations of national welfare should terminate this 
unusual alliance at the earliest moment that it can be done with proper 
regard for the rights and interests of the powers concerned. Should 
the plan of government recommended by the commission meet with 
approval I can not urge too strongty that it be put into operation at 
the earliest moment. The provisional government is now in the hands 
of the consuls. We have delegated to them all the executive power 
vested in the commission so far as we were able to do so under em- 
power to establish a provisional government. * * * Mr. Hamilton 
Hunter represents England, Luther W. Osborn the United States, and 
Mr. Grrunow, formerly vice-consul, the Empire of German}^. Mr. 
Hunter is a man of considerable experience in the Pacific islands and 
has some knowledge of native character. Mr. Osborn has been 
" through the war," but seems unobjectionable to all parties. He is a 
good lawyer and his knowledge derived from past experience will be 
of service in the future. Mr. Grunow is a }^oung man, but of some 
experience and ability. He, too, was in Apia during the recent troubles 
and brings with him into his office as consul not only recollections but 
some prejudices also as to the post. It is generally better that new 
men fill these places, for while they may lack in experience they are 



104 

free from bias and prejudice, fostered and strengthened by recent 
events, which often color their action and lessen their influence. Chief 
Justice Chambers expressed his desire to return home immediately on 
my arrival. I did not object, but deemed his action a wise one, The 
judge is a good lawyer and an honest man, but it would have taken 
years for him to have overcome the prejudice which his decision raised 
against him among the native people. Mr. Osborn has been tempo- 
rarily appointed to fill his place, but his duties as consul, to which have 
been added the executive duties of the government, require that the 
place of chief justice should be immediately filled. Dr. Solf, president 
of the municipality, acts as adviser to the consuls under the provisional 
government, as he did to the king under the former government. 

The commissioners are not satisfied with the form of government 
we were obliged to leave provisionally in force. We would have pre- 
ferred to have assimilated it more to the form of the permanent 
government proposed, but with the material at hand the members of 
the commission were wholly unable to agree upon a person for admin- 
istrator, and we leave the matter to the powers, trusting they will recog- 
nize the fact that the present government must be treated as a provi- 
sional one in the literal sense and that immediate action should be taken 
to replace it with one of greater strength and influence. The Samoans 
are not a difficult people to govern; they are a volatile, emotional peo- 
ple; they are suddenly angered, but harbor no resentment or revenge; 
their reconciliation is as rapid and demonstrative as their anger is 
sudden and violent. They require a prompt and energetic govern- 
ment rather than a strong and powerful one. A few small vessels 
with rapid-fire guns can reach every village of the islands and a few 
detachments of soldiers for police dut} r on shore would maintain peace 
everywhere. The islands are in shape not unlike that of a hat; the 
interior, representing the crown, is mountainous and uninhabited; the 
rim, or shore, is covered with cocoanut palms, bread fruit, pineapples, 
bananas, and all the tropical fruits which furnish the native food. 
Around this rim or shore line are situated all the villages and homes 
of the native people, so that the islands are easy to patrol on shore or 
by sea, and a government in which the native has confidence and is 
taught to respect can be administered with small display of force and 
little expense. Battle ships and large cruisers are worthless in these 
waters. The harbors are small and difficult of access, but vessels not 
exceeding 1,500 tonnage — better 1,000 — can enter and anchor in most 
of the harbors of the islands. Our vessel, the Badger, we found too 
large for the. island trip and we accepted the kind offer of the Tutane- 
kai, a New Zealand vessel of about 1,000 tons, which took us around 
Savaii, Apolima, Manono, and a portion of the island of Upolu, 
anchoring in places where larger vessels would not dare approach. 

These islands have been described so many times in the very able 
reports of consuls and former commissioners that I shall not attempt 
to go over the ground they have so well and so fully covered. They 
are very beautiful in appearance, and the climate in winter — our sum- 
mer at the north — is indeed charming. The level and mountain land 
is covered with trees and timber of every variety. Unlike the Hawaiian 
Islands the mountains are green to their very tops. But little is known 
of the interior; beautiful waterfalls are seen from the harbor of Apia, 
said to be more than 400 feet in height, which are still inaccessible for 
want of roads. Virgin forests of splendid timber are yet untouched 



105 

by native hand. The finest tropical fruits in the world, including 
oranges, limes, pineapples, bananas, mangoes, cocoanuts, and bread- 
fruit grow wild and in abundance. Outside of the great German and 
a few other plantations, everything is in a state of nature. The soil is 
fertile but rocky, and fitted only for growth of shrubs and trees. The 
soil is decomposed lava and scoria. Much of the lava rock is still unde- 
composed, so that cultivation in the ordinary manner is impracticable 
and quite impossible. Such implements as plows, drags, drills, and 
cultivators are useless here and, indeed, unknown. Trees of all kinds 
throw down their roots into the loose, porous lava rock, and a kind of 
low vine in the forest of cocoanut and other trees creeps over the low 
lying rock, so that until disturbed the ground appears level and not 
unlike the dark soil of our Western land, but in most parts of the 
islands when disturbed it is found to be a broken mass of lava rock. 
Where it has been attempted to be removed in constructing roads 
through one of the German plantations, at the western end of Upolu, 
and where we spent a very pleasant Sunday, the rock removed from 
the roadway was sufficient in amount to construct a high wall on either 
side. The cultivation of cotton was at one time attempted by planting 
in hills from which the rock was removed, but the labor was found too 
great and it has been practically abandoned. Shrubs of all kinds thrive 
in the lava rock. Coffee, it is believed, will yet be cultivated Avith 
success. Cocoa thrives, and the plantations are being largely increased. 
Copra, the product of the cocoanut, is still the principal article of 
export. All the tropical fruits which grow here in their wild state 
improve much by cultivation. The natives are not inclined to labor, 
and nearly all the laborers on the great plantations are brought from 
New Guinea and the Solomon Islands. 

It is believed that as the native becomes better educated and more 
and more adopts the habits of civilization he will devote his attention 
more to the raising of copra, cocoa, and other commercial products, 
and in this way- his time will be better occupied than in the discussion 
of native politics and the propagation of island or tribal war. The 
greatest impediment to civilized progress has hitherto been the com- 
munal character of property. The land of the natives and much of 
their personal property is held in common, and their government is 
largely patriarchal. Their chiefs are heads of one great family. If 
one member of the family is more successful than another, the rest 
claim as a right, which he is not at liberty to deny, that he should share 
with them. There is, therefore, no incentive to individual activity. 
Punishments by fine are paid by the tribe, so that the only real pun- 
ishment which a native fears is imprisonment with hard labor. The 
latter is not only a disgrace, but a real punishment. The result is that 
most misdemeanors in Samoa are punished b} T hard labor. The mis- 
sionaries and other humanitarians here are using every effort to induce 
the natives to abandon this communal plan and to become, like the 
whites, individuals and men. Some laws looking to the allotment of 
lands, retaining still the prohibition upon alienation, would go far in 
aid of well-directed efforts to overcome this obstruction to native 
progress. 

The importance of the Samoan Islands, however; lies not so much in 
their commercial advantage as in their geographical location. They 
are in the great future pathwa}^ of commerce, and their importance in 
this respect can not be overestimated. Savaii, the largest of the group,, 



106 

has no good harbors. Upolu has several small harbors and open road- 
steads, for most of the harbors are mere openings in the coral reef. 
This reef extends around each island at a width varying from a few 
feet or rods to several miles. Wherever the fresh water comes down 
to the sea, the coral insect has abandoned his work, and here are found 
the harbors of the islands. If the stream is small, the opening in the 
reef and harbor is also small. Generally the projecting headlands near 
the mouth of the stream, if any, are low, so that these so-called harbors 
are mere open roadsteads. Some of these are too deep for an anchor- 
age, others too small, so that of all these reef openings but few can be 
called harbors. We spent several days at Pago-Pago. This, unlike 
the other reef openings, is a landlocked harbor, a beautiful inland har- 
bor. It resembles one of those picturesque Swiss lakes. The moun- 
tains on every side are precipitous and in places perpendicular, and the 
level land around the water's edge is very narrow and small in extent. 
Baron Sternburg, my colleague, kindly made me a set of drawings 
giving a panorama of the entire harbor, which are wonderfully accu- 
rate, and I had them photographed (taking the precaution to bring 
away the negatives), and I inclose you a set corresponding with a set a 
sent also to the Navy Department. You will see marked thereon the 
place occupied by our projected wharf and coal sheds. The contractors 
were there and were at work at the time of our visit. I can not impress 
upon my Government too strongly the necessity of its undivided pos- 
session of this harbor. It is the only one worthy of the name in the 
islands. Tangeloa, on the island of Upolu, the only other harbor, has 
an open mouth and is too deep for anchorage. In Pago-Pago, after 
entering the inner harbor, it is as calm as an inland lake. Not a ripple 
was visible upon the surface of the bay, although a storm was raging 
at sea and we could hear the waves roaring and the surf breaking in 
the outer harbor about 2 miles away. The harbor and the entire island 
should be under our individual control. A coaling station within the 
harbor or the harbor alone would be of little value. The modern coal- 
ing station must be fortified, and to do this the adjoining bay of Leone 
must be had, with its connecting peninsula. In short, the whole island 
must be had; and it would, In my judgment, be a wise policy to give 
our allies and the world to be informed that our interests in Samoa 
center most closely about Pago-Pago and the island of Tutuila, and that 
we should not look with favor upon any effort on the part of any nation 
to interfere with our rights or make them less available for future 
requirements of the nation by curtailment of our interests in the har- 
bor or in the island itself. Negotiations between England and Germany 
have been several times had to exchange the undivided interests of the 
one for the sole possession of other island properties. So far as I am 
informed, the proposition has been only to surrender to Great Britain 
the German interests. This Germany will probably decline to do so 
long as the German firm retains its interests in the large German plan- 
tations; but recently, it is said, large offers have been made by British 
capitalists for these properties. Should this result be brought about, 
it would undoubtedly follow that Germany would exchange her Samoan 
interests for some British island interests, and the United States, which 
has so long been the buffer power between these two great nations, 
would be in a position to ask for a severance of the joint rule we have 

« Not printed. 



107 

so long maintained contrary to all our former national policies and 
traditions. 

****** * 

Not having the opportunity of seeing Mataaf a and Tanu in person 
at the time of our departure, we deemed it a wise precaution to address 
to each of them a letter from the commission direct, advising them of 
the provisional government which we were leaving in charge of the 
affairs of the islands, acknowledging the valuable services they each 
had rendered the commission in its efforts to promote peace and estab- 
lish a stable and permanent government, and reminding them of their 
promises of obedience and allegiance to the government so established. 
These letters * * * were left with the consuls with instructions 
that they should be translated into Samoan and transmitted to Mataafa 
and Tanu as directed. It will be observed that no promises have at 
any time been held out to Mataafa of immunity or otherwise further 
than that he may have the right to expect, should his f utui e action 
continue to be one of loyalty to the government, and should he con- 
tinue to use his great influence with the native Samoans in behalf of 
peace and honest allegiance to the government, that he may be per- 
mitted to spend the remainder of his days on his native island and with 
his family and friends. Mataafa is a strong factor in the politics of 
Samoa, an all-powerful element in determining the question of peace or 
war. Should he keep his promises in the future, the government will 
be benefited by his presence; otherwise he should be removed at once. 
1 have every reason to believe that Mataafa will in future honestly and 
faithfully keep every promise he has made. He is an old man, in poor 
health, and over his own signature he has declared "there should be 
no more king." His ambition is at an end, and the desire to die at 
borne and not in exile he knows can be gratified only by the strict 
observance of every promise of obedience and loyalty that he has 
made. Tanu is but a child and does not promise any development of 
strength for good or evil in the immediate future, and unless he be 
made the tool of some designing white man, no fears are to be enter- 
tained of his hostile action against the provisional or permanent 
government of the islands. 

Trusting that the peace we have been able to establish may be 
permanent and the changes in the form of government we have pro- 
posed may meet in some degree with }^our approval, 
I remain, etc., 

Bartlett Tripp. 



[Telegram.] 

Mr. Hay to Mr. Choate. 

Department of State, 
Washington, /September 7, 1899, 
German Government strongly urges partition of Samoan Islands, 
the United States to retain Tutuila and adjacent islets, and England 
and Germany to divide the rest. The President is disposed to regard 
this proposition favorably if details can be satisfactorily arranged 
with due regard to the national interest and to the welfare of the 
inhabitants. Ascertain discreetly the views of Her Majesty's secre- 
tary of state for foreign affairs. 

Hay. 



108 

[Confidential.] 

Mr. Choate to Mr. Hay. 

No. 167.] American Embassy, 

London, September 22, 1899. 

Sir: I have the honor to report that, in an interview to-day with 
Her Majesty's secretary of state for foreign affairs, I endeavored to 
ascertain his views on the proposition of the German Government for 
the partition of the Samoan Islands, the United States to retain Tutuila 
and the adjacent islands and England and Germany to divide the rest, 
as directed in your cipher telegram received September 8, 1899. 

The German ambassador, by the way, had called upon me on the 6th 
instant, and was evidently possessed of the exact terms of that tele- 
gram, and expressed himself as very anxious that the United States 
Government should press the British Government to consent. 

Lord Salisbury had no hesitation in saying that the present mode of 
governing the Samoan Islands could not succeed, and that he was 
inclined to favor the partition as the only means of securing good 
government there, if the details could be satisfactorily arranged, and 
that he was perfectly willing to give me the present state of the nego- 
tiations with Germany, which is that, assuming that the United States 
would be entirely satisfied with Tutuila, they had got so far as to agree 
that the terms on which they should divide the rest should be arranged 
by some sort of arbitration; that the King of Sweden should be the 
arbitrator; but that upon what rules and principles the arbitration 
should proceed they had not }^et been able to agree. 

He said further that the fundamental difficulty was that there were 
three parties to divide and really only two islands to be divided; that 
after setting apart Tutuila for us the only other island of any value 
is that in which Apia is situated. Of course they consider that the 
United States is to be in no way a party to or concerned in the pro- 
posed arbitration. 

The main result so far is that both Germany and Great Britain 
seemed to be convinced that it is impracticable to continue to govern 
the islands by the present tripartite method — as he said the late com- 
mission reported would probably be the case — and the welfare of the 
islands required a change. 

I have, etc., Joseph H. Choate. 



Mr. Hay to Mr. Choate. 

[Telegram.] 

Department oe State, 
Washington, November 3, 1899. 
If there is any doubt of the American attitude as to partition of 
Samoa, you may say to Lord Salisbury that we are favorable to it, 
provided that satisfactory terms can be made, and that we shall be con- 
tent with that portion of the islands east of the one hundred and 
seventy -first meridian. 

Hay. 



109 

Mr. Hay to Mr. Ohoate. 

[Telegram.] 

Department of State, 
Washington, November 4>, 1899. 
This Government has no objection to England and Germany coming 
to a preliminary agreement about Samoan Islands west of the one 
hundred and seventy -first meridian, subject, of course, to concurrence 
of the United States. 

Hay. 



Lord Pauncefote to Mr. Hay. 

British Embassy, 
Washington, November 27, 1899. 
Sir: I have the honor, by direction of the Marquis of Salisbury, 
to transmit to }^ou herewith a copy, in both English and German 
texts, of the convention and declaration between Great Britain and 
Germany, signed on the 14th instant, for the settlement of questions 
pending between them in regard to Samoa and certain other matters. 
1 have, etc. , 

Pauncefote. 



[Inclosure.] 
CONVENTION. 

The commissioners of the three powers concerned having in their report of the 
18th July last expressed the opinion, based on a thorough examination of the situ- 
ation, that it would be impossible effectually to remedy the troubles and difficulties 
under which the islands of Samoa are at present suffering as long as they are placed 
under the joint administration of the three Governments, it appears desirable to 
seek for a solution which shall put an end to these difficulties, while taking due 
account of the legitimate interests of the three Governments. 

Starting from this point of view, the undersigned, furnished with full powers to 
that effect by their respective Sovereigns, have agreed on the following points: 

ARTICLE I. 

Great Britain renounces in favor of Germany all her rights over the islands of 
Upolu and of Savaii, including the right of establishing a naval and coaling station 
there, and her right of extraterritoriality in these islands. 

Great Britain similarly renounces in favor of the United States of America all 
her rights over the island of Tutuila and the other islands of the Samoan group east 
of 171° longitude west of Greenwich. 

Great Britain recognizes as falling to Germany the territories in the eastern part of 
the neutral zone established by the arrangement of 1888 in West Africa. The limits 
of the portion of the neutral zone falling to Germany are denned in Article V of the 
present convention. 

ARTICLE II. 

Germany renounces in favor of Great Britain all her rights over the Tonga Islands, 
including Vivau, and over Savage Island, including the right of establishing a naval 
station and coaling station, and the right of extraterritoriality in the said islands. 

Germany similarly renounces in favor of the United States of America all her 
rights over the island of Tutuila and over the other islands of the Samoan group 
east of longitude 171° west of Greenwich. 

She recognizes as falling to Great Britain those of the Solomon Islands at present 
belonging to Germany which are situated to the east and southeast of the island of 



110 

Bougainville, which latter shall continue to belong to Germany, together with the- 
island of Buka, which forms part of it. 

The western portion of the neutral zone in West Africa, as denned in Article V of 
the present convention, shall also fall to the share of Great Britain. 

ARTICLE III. 

The consuls of the two powers of Apia and in the Tonga Islands shall be provi- 
sionally recalled. 

The two Governments will come to an agreement with regard to the arrangements 
to be made during the interval in the interest of their navigation and of their com- 
merce in Samoa and Tonga. 

ARTICLE IV. 

The arrangement at present existing between Germany and Great Britain and 
concerning the right of Germany to freely engage laborers in the Solomon Islands 
belonging to Great Britain shall be equally extended to those of the Solomon 
Islands mentioned in Article II, which fall to the share of Great Britain. 

article v. 

In the neutral zone the frontier between the German and English territories shall 
be formed by the River Daka as far as the point of its intersection with the ninth 
degree of north latitude, thence the frontier shall continue to the north, leaving 
Morozugu to Great Britain, and shall be fixed on the spot by a mixed commission 
of the two powers, in such manner that Gambaga and all the territories of Mamprusi 
shall fall to Great Britain, and that Yendi and. all the territories of Chakosi shall 
fall to Germany. 

ARTICLE VI. 

Germany is prepared to take into consideration, as much and as far as possible, the 
wishes which the Government of Great Britain may express with regard to the 
development of the reciprocal tariffs in the territories of Togo and of the gold coast. 

ARTICLE VII. 

Germany renounces her rights of extra-territoriality in Zanzibar, but it is at the 
same time understood that this renunciation shall not effectively come into force till 
such time as the rights of extra-territoriality enjoyed there by other nations shall be 
abolished. 

ARTICLE VIII. 

The present convention shall be ratified as soon as possible, and shall come into 
force immediately after the exchange of ratifications. 

In witness whereof the undersigned have signed it, and have fixed thereto their 
seals. 

Done in duplicate at London, the 14th day of November, 1899. 

DECLARATION. 

It is clearly understood that by Article II of the convention signed to-day Germany 
consents that the whole group of the Howe Islands, which forms part of the Solomon 
Islands, shall fall to Great Britain. 

It is also understood that the stipulations of the declaration between the two Gov- 
ernments signed at Berlin on the 10th April, 1886, respecting freedom of commerce 
in the western Pacific, apply to the islands mentioned in the aforesaid convention. 

It is similarly understood that the arrangement at present in force as to the engage- 
ment of laborers by Germans in the Solomon Islands permits Germans to engage 
those laborers on the same conditions as those which are or which shall be imposed 
on British subjects nonresident in those islands. 

Done in duplicate at London, the 14th November, 1899. 



Ill 

Convention between the United States, Germany, and Great Britain to adjust amicably the 
questions between the three Governments in respect to the Samoan group of islands. 

[Signed December 2, 1899. Ratification advised by the Senate January 16, 1900. Ratified by the 
President February 13, 1900 Ratifications exchanged February 16, 1900. Proclaimed February 16, 
1900.] 

By the President op the United States of America, 
A PROCLAMATION. 

Whereas, the Convention between the United States of America, Germany and 
Great Britain, to adjust amicably the questions which have arisen between the three 
governments in respect to the Samoan group of Islands and to avoid all future mis- 
understandings in respect to their joint or several rights and claims of possession or 
jurisdiction therein, was concluded and signed by their respective Plenipotentiaries, 
at the City of Washington, on the second day of December, 1899, the original of which 
Convention, being in the English and German languages, is word for word as follows: 

The President of the United States of America, His Imperial Majesty the German 
Emperor, King of Prussia, and Her Majesty the Queen of the United Kingdom of 
Great Britain and Ireland, Empress of India, desiring to adjust amicably the ques- 
tions which have arisen between them in respect to the Samoan group of Islands, as 
well as to avoid all future misunderstanding in respect to their joint or several 
rights and claims of possession or jurisdiction therein, have agreed to establish and 
regulate the same by a special convention; and whereas the Governments of Ger- 
many and Great Britain have, with the concurrence of that of the United States, 
made an agreement regarding their respective rights and interests in the aforesaid 
group, the three Powers before named in furtherance of the ends above mentioned 
have appointed respectively their Plenipotentiaries as follows: 

The President of the United States of America, The Honorable John Hay, Secre- 
tary of State of the United States; 

His Majesty the German Emperor, King of Prussia, His Ambassador Extraordi- 
nary and Plenipotentiary, Herr von Holleben; and 

Her Majesty the Queen of Great Britain and Ireland, Empress of India, the Right 
Honorable Lord Pauncefote of Preston, G. C. B., G. C. M. G., Her Britannic Majesty's 
Ambassador Extraordinary and Plenipotentiary: 

who, after having communicated each to the other their respective full powers 
which were found to be in proper form, have agreed upon and concluded the fol- 
lowing articles: 

Article I. 

The General Act concluded and signed by the aforesaid Powers at Berlin on the 
14th day of June, A. D. 1889, and all previous treaties, conventions and agreements 
relating to Samoa, are annulled. 

Article II. 

Germany renounces in favor of the United States of America all her rights and 
claims over and in respect to the Island of Tutuila and all other islands of the Samoan 
group east of Longitude 171° west of Greenwich. 

Great Britain in like manner renounces in favor of the United States of America 
all her rights and claims over and in respect to the Island of Tutuila and all other 
islands of the Samoan group east of Longitude 171° west of Greenwich. 

Reciprocally, the United States of America renounce in favor of Germany all their 
rights and claims over and in respect to the Islands of Upolu and Savaii and all other 
Islands of the Samoan group west of Longitude 171° west of Greenwich. 

Article III. 

It is understood and agreed that each of the three signatory Powers shall continue 
to enjoy, in respect to their commerce and commercial vessels, in all the islands of 
the Samoan group privileges and conditions equal to those enjoyed by the sovereign 
Power, in all ports which may be open to the commerce of either of them. 

Article IV. 

The present Convention shall be ratified as soon as possible, and shall come into 
force immediately after the exchange of ratifications. 



112 

In faith whereof, we, the respective Plenipotentiaries, have signed this Convention 
and have hereto affixed our seals. 

Done in triplicate, at Washington, the second day of December, in the year of our 
Lord one thousand eight hundred and ninety-nine. 

John Hay [seal.] 
holleben [seal.] 
Pauncefote. [seal.] 

Der President der Vereinigten Staaten von Amerika, Seine Majestiit der Deutsche 
Kaiser, Konig von Preussen, im Namen des Deutschen Reiches, und Ihre Majestiit die 
Konigin des Vereinigten Konigreichs von Grossbritannien und Irland, Kaiserin von 
Indien, von dem Wunsche geleitet, auf freundschaftlichem Wege die Fragen, welche 
in Betreff der Samoa-Inseln sich ergeben haben, zu erledigen, und alien kiinftigen 
Missverstiindnissen iiber gemeinschaftliche oder besondere Besitzrechte und Ans- 
priiche oder iiber Ausiibung der Gerichtbarkeit auf diesen Inseln vorzubeugen, sind 
iibereingekommen, Alles dies durch eine besondere Convention zu ordnen und 
festzulegen. Nachdem zwischen den Regierungen Deutschlands und Englanes, mit 
Ubereinstimmung derjenigen der Vereingten Staaten, iiber ihre wechselseitigen 
Rechte und Interessen an diesen Inseln bereits ein Uebereinkoinmen getroffen 
worden ist, haben die drei vorgenannten Miichte im Hinblick auf das vorerwiihnte 
Ziel nachstehende Bevollmiichtigte ernannt: 

Der President der Vereinigten Staaten von Amerika den Staatssekretiir der Verei- 
nigten Staaten The Honorable John Hay; 

Seine Majestiit der Deutsche Kaiser, Konig von Preussen, Allerhochstihren aus- 
serordentlichen und bevollmachtigten Botschafter, Wirklichen Geheimen Rath, Dr. 
von Holleben; 

Ihre Majestiit die Konigen des Vereinigten Konigreichs von Grossbritannien und 
Irland Allerhochstihren ausserordentlichen und bevollmachtigten Botschafter The 
Right Honorable Lord Pauncefote of Preston, G. C. B., G. C. M. G. ; 
welche nach gegenseitiger Mittheilung ihrer in guter und gehoriger Form befundenen 
Vollmachten folgende Bestimmungen vereinbart und ausgemacht haben: 

Aetikel I. 

Die von den vorgenannten Miichten am 14. Juni 1889 in Berlin abgeschlossene und 
unterzeichnete Generalacte wird hiermit auf gehoben ; desgleichen werden alle dieser 
Acte vorausgegangenen Vertriige, Abkommen und Vereinbarungen aufgehoben. 

Aetikel II. 

Deutschland verzichtet zu Gunsten der Vereinigten Staaten von Amerika auf alle 
seine Rechte und Anspriiche an der Insel Tutuila und an alien anderen ostlich des 
171sten Liingengrades westlich von Greenwich gelegenen Inseln der Samoa-Gruppe. 

In gleicher Weise verzichtet Grossbritannien zu Gunsten der Vereinigten Staaten 
von Amerika auf alle seine Rechte und Anspriiche an der Insel Tutuila und an alien 
anderen ostlich des 1 71sten Liingengrades westlich von Greenwich gelegenen Inseln 
der Samoa-Gruppe. 

In gleicher Weise verzichten die Vereinigten Staaten von Amerika zu Gunsten 
Deutschlands auf alle ihre Rechte und Anspriiche auf die Inseln Upolu und Savaii 
und alle anderen westlich des 171sten Liingengrades westlich von Greenwich gelegenen 
Inseln der Samoa-Gruppe. 

Aetikel III. 

Es wird ausdriicklich ausgemacht und vereinbart, dass jede der dreiunterzeichneten 
Miichte auch fernerhin fiir ihren Handel und ihre Handelsschiffe in alien Inseln der 
Samoa-Gruppe die gleichen Vorrechte und Zugestiindnisse geniessen soil, welche die 
Souveriine Macht hi alien den Hiifen geniesst, die dem Handel einer dieser Miichte 
off en stehen. 

Aetikel IV. 

Die vorliegende Convention soil sobald als moglich ratifizirt werden und unmittel- 
bar nach Austausch der Ratifikationen in Kraft treten. 

Zu Urkund dessen haben die Unterzeichneten sie vollzogen und ihre Siegel 
beigedriickt, 

So geschehen in dreifacher Ausfertigung zu Washington, den 2. Dezember 1899. 



John Hay 
Holleben 
Pauncefote. 



seal 
seal 
seal 



And whereas the said Convention has been duly ratified on the part of each Gov- 
ernment and the ratifications of the three Governments were exchanged in the Cities 
of Washington, Berlin and London on the sixteenth day of February, one thousand 
nine hundred, in the following manner, to wit, each Government handing to the 
Ambassadors of the other two, at its capital, its ratification: 

Now, therefore, be it known, that I, William McKinley, President of the United 
States of America, have caused the said Convention to be made public, to the end 
that the same and every article and clause thereof may be observed and fulfilled with 
good faith by the United States and the citizens thereof. 

In witness whereof, I have hereunto set my hand and caused the seal of the United 
States to be affixed. 

Done in the City of Washington, this sixteenth day of February, in the 
[seal.] year of Our Lord one thousand nine hundred, and of the Independ- 

ence of the United States the one hundred and twenty-fourth. 

William McKinley 
By the President: 
John Hay 

Secretary of State. 

Mr. Tower to Mr. Hay. 

Beitish Embassy, 

Newport, R. Z, September 18, 1899. 

Sir: By notes exchanged on the 23d ultimo, the Marquis of Salis- 
bury and the imperial German ambassador in London, embodied the 
terms of the agreement concluded between Her Majesty's Government 
and the German Government for referring to the arbitration of the 
King of Sweden and Norway all claims put forward by British sub- 
jects of Germans in Samoa, whether individuals or companies, for 
compensation on account of losses which they allege that they have 
suffered in consequence of unwarranted military action on the part of 
British or German officers between the 1st of January last and the 
arrival of the joint commission. 

On the 24th ultimo it was decided by the two Governments that the 
British and German representatives at Washington should be instructed 
to bring the agreement to the knowledge of the United States Govern- 
ment, and request them to join in it. 

The following bases proposed by the German Government to carry 
into effect the agreement have been accepted by Her Majesty's 
Government: 

All claims put forward by Germans or British subjects, respectively, whether indi- 
viduals or companies, for compensation on account of losses which they allege that 
they have suffered in consequence of unwarranted military action on the part of 
British or German officers between the 1st of January last and the arrival of the 
joint commission in Samoa, shall be decided by arbitration in conformity with the 
principles of international law or considerations of equity. 

The two Governments shall request His Majesty the King of Sweden and Norway 
to accept the office of arbitrator. It shall also be decided by this arbitration whether, 
and eventually to what extent, either of the two Governments is bound, alone or 
jointly with the other, to make good these losses. 

Moreover, either of these two Governments may, with the consent of the other 
previously obtained in every case, submit to the King for arbitration similar claims 
of persons not being natives who are under the protection of that Government, and 
who are not included in the above-mentioned categories. 

I have now the honor, under instructions from the Marquis of Salis- 
bury, to inform you of the agreement concluded between the two 
countries, and, should the principle involved be acceptable to you, to 
invite your Government to adhere to the arrangement which I have 
quoted above. 

I have, etc., Reginald Tower. 

TUT 8 



114 

Mr. von Mumm to Mr. Hay. 

German Embassy, 

Washington, September 19, 1899. 

Mr. Secretary: In an exchange of notes on the 23d of last month, 
the Imperial German and the Ro} T al British Governments have agreed 
to decide by arbitration the question of indemnity pendirg between 
them with regard to the occurrences in Samoa, and, to that end, to 
request His Majesty the King of Sweden and Norwa} 7 to act as arbiter 
in the case. 

In accordance with my instructions, I have the honor to notify your 
excellency of this fact, and to request the United States Government 
to cooperate in it. 

The note sent by Count von Hatzfeldt to Lord Salisbuiy is of the 
following tenor: 

All claims for indemnity for damages presented by German or British subjects, 
whether individuals or companies, and which damages they claim to have been sub- 
jected to in consequence of unjustifiable military action on the part of English or 
German officers during the period from January 1 of this year up to the day of the 
arrival of the commission at Samoa, shall be decided by an arbitral award to be ren- 
dered in accordance with the principles of law or the requirements of justice. His 
Majesty the King of Sweden and Norway is requested by both Governments to under- 
take the office of arbiter. This award shall farther decide whether either of the two 
Governments, alone or in conjunction with the other, shall pay such indemnities; 
and if so, to what amount. Each of the two Governments shall, however, have the 
right, after securing in each case the previous assent of the other Government, to 
submit to the King's decision, at the same time, similar claims presented by persons, 
not natives, who are under the protection of either of the two powers, and who do 
not belong to the classes above mentioned. 

Your excellency would greatly oblige me b} T informing me whether 
the United States Government is willing to declare its adhesion to the 
principle involved in the contents of this note, and to cooperate in 
the matter with the two Governments mentioned. 

In the latter case I would have the honor, with the expectation of 
receiving a reply of the same report, to hand to your excellency a 
note of the following tenor: 

Mr. Secretary op State: 

All claims presented by Germans, American citizens, or British subjects, whether 
by individuals or companies, for indemnities for damages which they claim to have 
been subjected to in consequence of the unjustifiable military action of American, 
English, or German officers during the period from January 1 of this year up to the 
day of the arrival of the commission in Samoa, shall be decided by an arbitral 
award to be rendered in accordance with the principles of law or the requirements 
of justice. 

His Majesty the King of Sweden and Norway will be requested by the three Gov- 
ernments to undertake the office of arbiter. This award shall further decide whether 
either of the three Governments, alone or in conjunction with one of the other Gov- 
ernments, or in conjunction with both the other Governments, shall pay such indem- 
nities; and if so, to what amount. 

Each of the three Governments shall, however, have the right, after securing in 
each case the previous assent of the other Governments, to submit to the King's 
decision at the same time similar claims presented by persons, not natives, who are 
under the protection of either of the three powers, and who do not belong to the 
classes above mentioned. 

Your excellency would greatly oblige me by notifying me of the adhesion of the 
United States Government to the foregoing points. 

Accept, etc., A. v. Mumm. 



115 

Mr. Hill to Mr. Tower, 

No. 1566.] Department of State, 

Washington, September #i, 1899. 

Sir: 1 have the honor to acknowledge the receipt of your note of 
the 18th instant, stating that by notes exchanged on the 23d ultimo 
the Marquis of Salisbury and the Imperial German ambassador at 
London concluded an agreement between Her Britannic Majesty's 
Government and the German Government for referring to the arbi- 
tration of the King of Sweden and Norway all claims put forward 
by British subjects or Germans for damages suffered by them by 
reason of the late disturbances in Samoa, and you state, furthermore, 
that on the 24rth ultimo it was decided by the two Governments that 
the British and German representatives at Washington should be 
instructed to bring the agreement in question, a copy of which is 
embodied in your note, to the knowledge of the United States Gov- 
ernment, and to request it to join in the same. 

In reply I beg to inform j^ou that the matter will have the early 
consideration of this Government. 

I have, etc., David J. Hill, 

Acting Secretary. 

(Same reply to note of September 19, 1899, from German ambassador.) 



Convention between the United States of America, Germany, and Great Britain, relating to 
the settlement of certain claims in Samoa by arbitration. 

[Signed at Washington, November 7, 1899; ratified by the Emperor, February 18, 1900; ratification 
advised by the Senate, February 21, 1900; ratified by the Queen, February 22, 1900; ratified by the 
President, March 5, 1900; ratifications exchanged, March 7, 1900; proclaimed, March 8, 1900.] 

WILLIAM McKINLEY, 

President of the United States of America: 

To All to Whom these Presents shall come, Greeting: 

Know Ye, that whereas a Convention between the United States of America, Ger- 
many and Great Britain, relating to the settlement of certain claims in Samoa by 
arbitration, was concluded at Washington, on the seventh of November, one thou- 
sand eight hundred and ninety-nine, the original of which Convention, being in the 
English and German languages, is word for word as follows: 

CONVENTION. ABKOMMEN. 

RELATING TO THE SETTLEMENT OF CERTAIN BEHUFS SCHIEDSGERICHTLICHER REGELUNG 
CLAIMS IN SAMOA BY ARBITRATION. GEWISSER SCHADENERSATZ-ANSPRUCHE 

AUF SAMOA. 

The President of the United States of Der President der Vereinigten Staaten 

America, His Majesty the German Em- von Amerika,SeineMajestat der Deutsche 

peror, King of Prussia, in the name of Kaiser, Konig von Preussen, im Namen 

the German Empire, and Her Majesty the des Deutschen Reiches, mid Ihre Majes- 

Queen of the United Kingdom of Great tilt die Konigin des Vereinigten Konig- 

Britain and Ireland, being desirous of reichs von Grossbritanien und Irland, 

effecting a prompt and satisfactory settle- geleitet von dem Wunsche, die durch die 

ment of the claims of the citizens and jiingst auf den Samoa-Inseln staatgefun- 

subjects of their respective countries resi- denen miiitarischen Aktionen veranlass- 

dent in the Samoan Islands on account ten Schadens-Ersatz-Anspruche der dort- 

of recent military operations conducted selbst ansassigen Angehorigen der bethei- 

there, and having resolved to conclude a ligten Peiche und Staaten baldigst und 



116 



Convention for the accomplishment of 
this end by means of arbitration, have 
appointed as their respective plenipoten- 
tiaries: 

The President of the United States of 
America, The Honorable John Hay, Sec- 
retary of State of the United States; 

His Majesty the German Emperor, 
King of Prussia, His Minister in Extra- 
ordinary Mission, Dr. Jur. Mumm von 
Schwarzenstein, Privy Councilor of Lega- 
tion; and 

Her Majesty the Queen of the United 
Kingdom of Great Britain and Ireland, 
Mr. Reginald Tower, Her Britannic 
Majesty's Charge d' Affaires ad interim; 

Who, after having communicated to 
each other their full powers, which were 
found to be in due and proper form, have 
agreed to and concluded the following 
articles : 

Article I. 



allseitig zufriedenstellend zu erledigen, 
und entschlossen, em Abkommen behufs 
schiedsgerichtlicher Regelung dieser Fra- 
gen Abzuschliessen, haben zu Ihren 
Bevollmiichtigten ernannt: 

Der President der Vereinigten Staaten 
von Amerika den Staatssekretiir der 
Vereinigten Staaten, The Honorable John 
Hay; 

Seine Majestiit der Deutsche Kaiser, 
Konig von Preussen, Allerhochstihren 
Gesandten in ausserordentlicher Mission, 
den Geheimen Legationsrath Dr. Jur. 
Mumm von Schwarzenstein; 

Ihre Majestiit die KOnigin des Vereinig- 
ten Konigreichs von Grossbritannien und 
Irland Allerhochstihren Geschiiftstriiger 
ad interim, Mr. Reginald Tower; welche 
nach gegenseitiger Mittheilung ihrer in 
guter und gehoriger Form befundenen 
Vollmachten, folgende Bestimmungen 
vereinbart und ausgemacht haben: 

Artikel I. 



All claims put forward by American 
citizens or Germans or British subjects 
respectively, whether individuals or com- 
panies, for compensation on account of 
losses which they allege that they have 
suffered in consequence of unwarranted 
military action, if this be shown to have 
occurred, on the part of American, Ger- 
man or British officers between the first 
of January last and the arrival of the 
Joint Commission in Samoa shall be de- 
cided by arbitration in conformity with 
the principles of International Law or 
considerations of equity. 



Alle Anspriiche, welche von Ameri- 
kanischen Biirgern, von Deutschen oder 
von Britischen Unterthanen und zwar 
sowohl von Einzelpersonen wie auch von 
Gesellschaften, wegen Ersatzes von 
Schaden geltend gemacht werden, welche 
sie in Folge der ungerechtfertigten mili- 
tarischen Aktion amerikanischer, deut- 
scher oder englischer Offiziere, sofern 
eine solche nachgewiesen wird, in dem 
Zeitabschnitt vom 1. Januar d. J. bis zu 
dem Tage erlitten zu haben vorgeben, 
am welchem die Ankunft der Kommis- 
sion auf Samoa erfolgt ist, sollen durch 
einen nach Grundsiitzen des Rechts oder 
nach Erwagungen der Billigkeit zu fallen- 
den Schiedsspruch erledigt werden. 



Article II. 

The three Governments shall request 
His Majesty the King of Sweden and 
Norway to accept the office of Arbitrator. 
It shall also be decided by this arbitra- 
tion whether, and eventually to what 
extent, either of the three Governments 
is bound, alone or jointly with the oth- 
ers, to make good these losses. 



Article III. 

Either of the three Governments may, 
with the consent of the others, pre- 
viously obtained in every case, submit to 
the King for arbitration, similar claims of 
persons not being natives, who are un- 
der the protection of that Government, 
and who are not included in the above 
mentioned categories. 



LB JL '04 



Artikel II. 

Seine Majestiit der Konig von Schweden 
undNorwegen wirdseitens derdrei Regie- 
rungen ersucht werden, das Amt des 
Schiedsrichters anzunehmen. Durch 
diesen Schiedsspruch soil ferner ent- 
schieden werden, ob die eine oder die 
andere der drei Regierungen, allein oder 
in Verbindung mit einer der anderen 
Regierungen, oder in Verbindung mit 
beiden anderen Regierungen diese Scha- 
den zu ersetzen hat und eventuel in 
welchem Umfange. 

Artikel HI. 

Jeder der drei Regierungen soil es, 
nachdem sie in jedem Falle die vorherge- 
hende Zustimmung der anderen Regie- 
rungen erlangt hat, gestattet sein, dem 
Schiedsspruche des Konigs auch ahnliche 
Anspriiche von solchen nicht eingebo- 
renen Person en zu unterbreiten, welche 
unter dem Schutze der betreffenden 
Machtstehen und nicht den oben erwiihn- 
ten Kategorien angehoren. 



117 



Article IV. 



Artikel IV. 



The present Convention shall be duly 
ratified by the President of the United 
States of America, by and with the ad- 
vice and consent of the Senate thereof, 
and by His Majesty the German Empe- 
ror, King of Prussia; and by Her Majesty 
the Queen of the United Kingdom of 
Great Britain and Ireland; and the ratifi- 
cations shall be exchanged at Washington 
four months from the date hereof, or 
earlier if possible. 



In faith whereof, we, the respective 
Plenipotentiaries, have signed this Con- 
vention and have hereunto affixed our 



Done in triplicate at Washington the 
seventh day of November, one thousand 
eight hundred and ninety-nine. 



Das gegenwartige Abkommen soil 
von clem Prasidenten der Vereinigten 
Staaten von Amerika unter Zuziehung 
und mit Zustimmung des Senates der 
Vereinigten Staaten, von Seiner Majesta- 
dem Deutschen Kaiser, Konig von Preust 
sen und von Ihrer Majestat der Konigin 
des Vereinigten Konigreichs von Gross- 
britannien und Irland ratifizirt werden; 
und die Ratifikationsurkunden sollen 
in vier Monaten von dem heutigen Tage 
an gerechnet oder wenn moglich friiher 
in Washington ausgetauscht werden. 

Zu Urkund dessen haben wir, die 
unterfertigten Bevollmachtigten, dieses 
Abkommen unterzeichnet und unsere 
Siegel beigedriickt. 

So geschehen in dreifacher Ausferti- 
gung zu Washington den siebenten No- 
vember eintausend achthundertneunund- 
neunzig. 



John Hay [seal.] 

A v Mumm [seal.] 

Reginald Tower [seal.] 

And Whereas the said Convention has been duly ratified on the three parts and 
the ratifications of the three Governments were exchanged in the City of Washing- 
ton on the seventh day of March, one thousand nine hundred: 

Now, Therefore, be it known that I, William McKinley, President of the United 
States of America, have caused the said convention to be made public, to the end 
that the same and every article and clause thereof may be observed and fulfilled 
with good faith by the United States and the citizens thereof. 

In Witness Whereof I have hereunto set my hand and caused the seal of the 
United States to be affixed. 

Done at the City of Washington this eighth day of March in the year of our Lord 
Tseai 1 one thousand nine hundred, and of the Independence of the United 
*- "J States the one hundred and twenty-fourth. 

William McKinley 
By the President: 

John Hay 

Secretary of State. 



/&»■. 



